SCHOOL LAWS OF IOWA, 



AS AMKNDED APRII. 3, 1866, 



mm nmi m opinions 



USE AND GOVERNMENT OF SCHOOL OFFICERS, 



PREPARED BY THE 



SUPERINTENDENT OF PUBLIC INSTRUCTION. 



DES MOINES: 

F. W. PALMER, STATE PRINTER. 

1866. 



32 



AVill furnish to order any desired form or style of Blank 13ook for 
'the use of County Officers, School Officei's, Jusf.ices of the Peace, Attor- 
'neys, cfc cetera, at low rates. 

All the School Books used in the West are to be found in large quan" 
titles on their shelves, and will be furnished wholesale or retail at the 
lowest rates. Also a large assortment of Miscellaneous and Standard 
'Books at publishers' prices. 

BLANKS for all the forms in the last edition of the School Laws,, 
supplied at short notice. 

TEACHERS' REGISTERS after form required by law famished by 
^mail post paid, for one dollar each. 

Account Books and Blanks for School Districts fiirniahed chear). 

Agents for Notarial and County Seals, Fire and Burglar Prcof 
Safes. 

Best brands of Writing fluids constantly in Store. 

PRINTING of all kinds done in best style and at the lowest figures. 



"TJJ.-E lO'W^ JUSTICE" 

A COMPLETE TliEATISE OW THE 

JUHlSDICTiON, POWERS AND DUTIES OF JUSTICES 

OF THE PEACE IN THE STATE OF IOWA 
With full and , appropi-iate forms, will be issued early in the Fall. 



and a general and complete a&sortment of 

IVEXJSIC^^L IS^E:R.OP3:u^ISr33ISS, 

at manufacturers' and importers' prices. 



The newest and most popular publications furnished by mail on 
short notice. Address, 

IVEILXiS Sc CO,, 
^Q, Court Avenue, 

' • BES MOIMES, IOWA. 



TosceooijOiimriiTraERS. 

THK 

IOWA IMSTMUC^TOR 

A5» 



IS FURNISHED TO SUBSCRIBERS AT 

One JDoHar and Fifty €euts per Amaoiui 

IT 13 



STATE EDUCATIONAL DEPARTMENT 

AND CONTAIJSS ALL THE 
ANU 

OPUilONS OF THE STATE SOPERlNTEJfDENT OF PUBLIC INSTRUCTION 

UPON QUESTIONS WHICH ARISE. 

ETERY SCHOOL OFFIIER IS EKTITLEB TO IT. 

(See Chap. 5, Sees. 1 and 2, School Laws). 



All the School Oflicms and Teacliern in tko Stale aif; deeply inter 
ested in ils success, for it i.s tho 

Only Paper Devoted Exclusively to Education 

From which a tuajority of Teachers hate am opportaulty to glean in- 
Btriiotiou iu their daily work. 

If a majority of tlie School Officers and Toachera could be pre- 
T^ailed upoa tosubaciibe lor the Jobrmaju cue year, tho Publishers are 
(jonfidetit that the means would be plnced in their hamia to miike it^ 

THE I^EABSMU FEMIOOICAILi 

OP TBE KIND IN THE COUNTRY. 
Let every School Board subscribe for cojiies enough to supply 

Every School Officer of the District, 

And all TEACHERS, who want to keep posted «u 

E3DXJo^^Tio3Nr.^ij a?o:F»ics, 

Should not onl)i subacribL*, but constitute ihemseltea soliciting agents 
am«Qg (heir paivoiig, 

EDITBD BY Hoj\. 0. FAVILLE: PUBLISHED BY 

MILLS & COMPANY, 

BEtj MOINES, IOWA. 



SCHOOL 1LA-"VTS OF lOWi^, ac^vw.^. 



AS AMENDED APRII^ 3, 1866, 



NOTES, FORMS, AND OPINIONS 



USE AND GOVERNMENT OF SCHOOL OFFICERS, 



PKEPARED BY THE 



SUPERINTENDENT OF PUBLIC INSTRUCTION. 



DES MOINES: 

P. W. PALMBR, STATE PEINTEK. 

1866. 



V 



SEP 23 1904 
D.ofD, 



I 



I>IIEF^CE. 



This 'edition of the School Laws is rendered necessary for two 
reasons, to-wit : the edition of 1864 is nearly exhausted, and the 
amendments adopted at the recent session of the General Assem- 
bly should be incorporated into the Law in order to its successful 
administration. A sufficient number of copies therefore of the 
present edition will be forwarded to County Superintendents to 
supply each school officer. The recent amendments will be found 
in Chapter 1, Sections 6, 7, 8, 12, 17, 18, 19, 28, 29, 30, 31, 50, 64, 
73, 84, 85 and 87 ; and they have a bearing on the duties and 
rights of electors, pupils, Boards of Directors, teachers, and 
County Superintendents. 

Electors will hold their sub-district and District Township meet- 
ings on Saturday instead of Monday. They may vote an annual 
tax for school house fund of ten mills on the dollar on the District 
Township, and fifteen mills on the sub-district. Soldiers, who 
were in the army during their minority are entitled to all the priv- 
ileges of the Public Schools. Boards of Directors will hold their 
first regular meeting in March instead of April. Sub-Directors 
are requested to report only the number of persons between five 
and twenty-one years ; the other items formerly reported by them 
must be furnished by the District Secretary. Teachers will be 
examined in "History of the United States." 

County Superintendents, in certain cases, may change district 
boundaries ; and they are required to visit the schools once each 
term. Sub-districts in certain cases may become Independent 
Districts. They should not however organize as such where it 
would work a hardship to the other sub-districts in the Township. 

The Notes, Forms and Opinions, with some changes and addi- 
tions, are retained in this edition. The decisions in appeal cases 
(now between 30 and 40) would make too large an addition ; there 
is also less necessity for publishing them for the reason that School 



iy PREFACE. 

Boards are authorized to subscribe for the /School Journal, in 
which all these decisions appear. 

We hope this edition of the School Laws will be acceptable to 
school officers, and that it will aid in advancing the highest inter- 
est of the State — Common Schools. 

OKAX FAYILLE, 
Superintendent of Public Instruction.* 
Des Moines, Iowa, May 1st, 1866. 



{ 



COI^TENTS. 



TITLES OF ACTS. 

CHAP. TAGE. 

. 1. An Act to amend and consolidate an Act passed by the 
Board of Education, December 24, 1859, entitled "An 
Act to amend an Act entitled an Act to provide a sys- 
tem of common schools," and amendments thereto. . . 1 
2. An Act to render district townships liable for the debts 
of old districts, and to enable them to sue in certain 

cases 22 

3- An Act to authorize the teaching of the German, or other 

language, in the common schools 24 

An Act for .the encouragement of Teachers' Institutes ... 24 
An Act to authorize district township boards to subscribe 

for the Iowa School Journal and Iowa Instructor 25 

An Act to create a State Board of Examiners, for the 

examination of school teachers 25 

An Act to provide for the purchase of school district 

libraries ^ 26 

An Act prohibiting the exclusion of the Bible from the 

schools of the State 27 

9. An Act to provide for appeals 27 

10. An Act to abolish the Board of Education of the State 

of Iowa ; to provide for the election of a Superin- 
tendent of Public Instruction, prescribing his duties, 
and for other purposes connected therewith 29 

11. An Act to amend an Act entitled an Act for the govern- 

ment and regulation of the State University of Iowa . . 32 

12. An Act to provide for a Department of Military Instruc- 

tion in the State University 36 

13. An Act changing the corporate name of independent 

school district townships 37 

14. Explanatory notes to laws, by sections 38 

15. Blank forms QQ 

16. Answers to questions on the school law. . > 96 

17. Text books Ill 



\ 



i 



SCHOOL LAWS OF IOWA. 



CHAPTER i; 

GENERAL SCHOOL ACT. 

AN ACT to amend and consolidate an Act passed by the Board of 
Education, December 24, 1859, entitled " An Act to amend an Act 
entitleil an x\.ct to provide a system of Common Schools," and the 
amendments thereto. 

Passed April 8th, 1862, Laws of Ninth General Assembly, Chapter 172. 

Section 1. Be it enacted hy the General Assembly Each civil 
of the State of Iowa, That each civil township that is township a 
novv^, or inaj be hereafter organized in the several coun- ^^^^^^^ ^^^' 
ties of this State, is hereby declared a school district 
for all the purposes of this Act, and each snb-district, 
as now organized, shall continue such, subject to the 
provisions hereinafter made. 

Sec. 2. When a new civil township has been formed, Innew town- 

the township trustees shall divide the same into sub-f'"P.' trustees 
T . ■ ^ -i- 1 -1 1 1 11 L. 'L^ to sive notice 

districts, IT deemed necessaiy, and shall post written of election. 

notices, specifying the time and place of the first elec- 
tion for sub-directors, in the manner provided for the 
election of sub-directors in organized district townships. 

Sec. 3. When an organized district township has Oro-anized 
been left without officers, the township trustees shall district with- 
give such notice for a special election of sub-directors, 5'^^'' °^^''''^.' , 
as is required of the sub-director in case of regular sub- ^ " 
district elections ; and the persons elected shall continue 
in office until the next regular sub-distridt election 
thereafter. 

Sec 4. When any district township shall be divided When a dist. 
into two or more entire townships for civil purposes, the is divided, as- 

• sets B>OQ llcl- 

existing board of directors shall continue to act for bjnties to be 
both or all of the new districts until the next regular divided, 
sub-district election thereafter, at which time the new 
district townships shall organize by the election of sub- 
directors. The respective boards of directors shall, 
immediately after such organization, make an equitable 



raeetinff. 



2 SCHOOL LA.WS. 

division of the then existing assets and liabilities, be- 
tween the old and new districts ; and in case of a fail- 
ure to agree, the matter may be decided by arbitrators 
chosen by the parties in interest. A similar division 
shall be made in case of the formation of an independ- 
ent district under special laws, or the consolidation of 
civil townships. 
Each school ^^^- ^- Every school district which is now or may 
di3t. a body hereafter be organized in this State, is hereby made a 
corporate. body corporate, by the name of " District Township 

of , in the county of , and State of Iowa," 

and in that name may hold propert}', become a party to 
suits and contracts, and do other corporate acts. 

DISTRICT TOWNSHIP MEETING. 

Annual meet- -x- gj^^^ q^ j^^ch district township shall hold an an- 
township "^ ^^^^ meeting on the second Saturday in March. 
General pow- ^^^* ^- "^^^^ electors of the district, when legally 
ers of district assembled at such meeting, shall have the following 
townshjp powers, viz : 

First — To appoint a chairman and secretary, in the 
absence of the regular officers. 

Second — To direct the sale or other disposition to be 
made of any school-house, or the site thereof, and of 
such other property, personal and real, as may belong 
to the district ; and to direct the manner in which the 
proceeds arising therefrom shall be applied : Pr'ovided, 
That the money so obtained shall be used for the bene- 
fit of the sub-district in which such school-house site or 
other property is situated. 

Third — To determine what additional branches shall 
be taught in the schools of the district. 

Fourth — To delegate any or all of the powers con- 
tained in the foregoing specifications, to the board of 
directors. 

* Fifth — To vote such tax, not exceeding ten mills 
on the dollar in any one year, on the taxable property 
of the district township, as the meeting shall deem sufli- 
cient for the purchase of grounds and the construction 
of the necessary school-houses for the use of the respec- 
tive sub-districts, and for the payment of any debts con- 
tracted for the erection of school-liouses, and for pro- 
curing district libraries and apparatus for the schools. 

sub-district meeting. 

* Sec. 8. The several sub-districts shall annually, on 
*As amended April 3d, 186G. 



SCHOOL LAWS. 3 

the first Saturday in March, hold a meeting for the elec-^nm^almeet- 
tion of a sub-director, five days' notice of which meeting ingof sub-dis- 
shall be giv^en by the then resident sub-director; or, iftncts. 
there is none, by the district secretary, posting a writ- 
ten notice in three public places therein, and such notice 
shall state the hour of meeting. 

Sec. 9. At the meeting of the sub-district, a chair- Chairman 
man and secretary shall be appointed, who shall act as and Secreta- 
judges of the election, and give a certificate of election ^^ appointed, 
to the sub-director elect. 

Sec. 10. In all district townships comprising but Boards of di- 
one sub-district, the board of directors shall consist of '"^^''?''^ ^^ 
three sub-directors ; and in all district townships com- ^Yn-ee sub- 
prising but two sub-districts, it shall consist of one sub- directors, 
director chosen from each sub-district, and one from the 
district township at large, who shall in both cases be 
elected in the manner provided by law for the election « 

of one sub-director from each sub-district. The judges 
of the respective sub-district elections shall canvass the 
votes for sub-director chosen from the district township 
at large, and shall issue a certificate of election to the 
person elected. 

Sec. 11. Each sub-director shall, within ten days Official oath 
after his election, appear before some officer qualified to ^^ ^^^^-direct- 
administer oaths, and take an oath to support the Con- 
stitution ot the United States, and that of the State of 
Iowa, and that he will faithfully discharge the duties of 
his office ; and in case of failure so to qualify, his ofiice 
shall be deemed vacant. 

* Sec. 12. In each sub-district there shall be taught School to be 
one or more schools for the instruction of youth between taught 24 
the ages of five and twenty-one years, for at least twen- '^^®'^^- 
ty-four weeks, of five school days each, in each year, 

unless the county superintendent shall be satisfied that 

there is good and sufficient cause for failure so to do. 

Any person who was in the military service of the Persons bav- 

Ilnited States during his minority, shall be admitted into ing been in 

the schools in the sub-district in which he may reside, ™J,g of'lJ^S 

on the same terms on which youths between the ages may attend 

of five and twenty-one years are admitted. schools. 

Sec. 13. Children residing in one district township Children resi- 
may attend school in another, in the same or adjoining ding in one 
county, on such terms as may be agreed upon by the g/iip mav*^"' 
respective boards of directors of the district townships attend school 
interested ; but, in case no such agreement is made, they in another, 
may attend school in such adjoining district township, 
with the consent of the board of directors thereof, when 

* As amended April 3d, 1866. 



4 SCHOOL LAWS. 

thej reside nearer to the school in said district township 
than to any scliool in their own district township ; and 
the district township in whicli they reside siiall pay to 
tlie district township in which they attend school, the 
average tuition of said children per week ; and in case 
of refusal so to do, the secretary shall file the account 
for said tuition, certified to by the president, with the 
clerk of the board of supervisors of the county in which 
said children reside, who shall, at the time of making 
the next semi-annual apportionment thereafter, deduct 
the amount from the sum apportioned to the district 
township in which said children reside, and pay it over 
to the district township in which they have attended 
school. 
Terms of ad- ^Ec. 14. Pupils who are bona fide residents of a 
mission to district township, shall be permitted to attend school in 
schoolsindis- the same, regardless of the time when they acquired 
trict town- such residence, whether before or after the enumera- 
tion, or of the residence of their parents or guardians ; 
but pupils who are sojourning temporarily in one dis- 
trict township while their actual residence is in another, 
and to whom the last preceding section is not applica- 
ble, may attend school upon such terms as the board of 
directors may deem just and equitable. 
Papilstrans' Seo. 15. Pupils may attend school in any sub-dis- 
ferred from trict of the districttownship in which they reside, with 

fJ^l^^^f'i'!^!!'^' the consent of the sub-director of such sub-district, and 
tnct to an- . , it ,. i , ,. . . i • i i 

other. ot the sub-director ot the sub-district in which such pu- 

pils reside. 
Sub-district Sec. 1(3. The electors of a sub-district may, at their 
may deter regular meeting in March, determine what amount is 
mine amount peq;^iire(J fQj. tj^g erection of a school house in said sub- 
required lor T 1 . , 1 ^, . ,. T , . 1 ,■ ,1 

school house district, and tlie payment of debts contracted tor the 
purposes. construction of school houses, and the sub-director shall 
certify the same to the next regular meeting of the 
electors of the district township held thereafter. 
Board of di- * ^^*^' ^'^' Should the electors of the district town- 
rectors lev}^ ship neglect or refuse to vote said amount at said 
tax for am't meeting, or a sum adequate for the erection of said 

required by l^ouse, the board of directors shall, at their first regular 
sub-districts, -• -i r. ,. • ^.i ^ P ^i 

in case elect- i^G^ting thereatter, ascertain the per centum ot the 

ors of district sum applied for on the property of the district town- 
township ship, and shall apportion the same among the several 
fu^ to do so' sub-districts, as justice and equity may require, taking 
as the basis of said apportionment the respective 
amounts previously levied upon said sub-districts for 
school house purposes : Provided^ That in case it has 

* As amended April 3d, 1866. 



SCHOOL LAWS. k 

been the nniform custom for each sub-district to bear 
the whole expense incurred for the construction of its 
own school house, the board of directors shall dispense 
with the apportionment, and assess the per' centum 
directly on the property of the sub-district making the 
application : Provided^ further^ That in neither case 
shall the rate exceed 15 mills on the dollar on the pro- 
perty of any sub-district. Within ten days thereafter 
the secretary shall file a certified statement of the same 
with the b<:>ard of supervisors, showing the per centum 
assessed on each sub-district. Said per centum shall 
be levied in accordance with said statement, and col- 
lected and expended for the erection of a school house 
in said sub-district, in the same manner as though it 
had been voted by the district township meeting. 
Should the aggregate of the sums thus applied for by 
the respective sub-districts exceed five mills on the dol- 
lar in any one year, on the property of the district 
township, the board of directors shall reduce it propor- 
tionally to that rate. 

*Sec. 18. The sub-directors of the several sub-districts Sub-districts 
shall constitute a board of directors for the district to constitute 
township, and shall enter upon their duties on the day ^'^^^^ ^^ *^^" 
fixed for the regular meeting of the board in March, at anTho'-sTt^fe" 
which time they shall organize by electing from their board shall 
own number a president, who shall simply be entitled be organized. 
to a vote as a member of the board ; and from the dis- 
trict township at large, a secretary and a treasurer, 
unless there are at least five sub-directors in the district 
township, in which case they may be selected from the 
board. If selected from the district township at large, 
they shall have no vote in the proceedings of* the 
board. 

*Sec. 19. The board of directors shall hold their Regular and 
regular meetings on the 3d Monday in March and ?P«^cial meet- 
September of each year; and may hold such special j^^j^^j.^^ ® 
meetings as occasion may require, at the call of the 
president, or by request of a majority of the board. 

Sec. 20. They shall make all contracts, purchases. The board to 
payments and sales, necessary to carry out any vote of make con- 
the district, provided that before erecting any school- ''^^gg' ^"j" 
house, they shall consult with the county supreinten- gaies. 
dent as to the most approved plan for such building. 

Sec. 21. They shall fix the site for each school-house, To fix site for 
taking into consideration the geographical position and school house, 
convenience of the people of each portion of the sub- ^'^.^- ^^^^^" 
district, and shall determine wrhat number of schools of schools. 

* As amended April 3, 186G. 



g SCHOOL LAWS. 

shall be tanglit in each sub-district, and fur what addi- 
tional time beyond the period required by law they 
shall be continued during each year. 
To establish Seu. 22. They may establish graded or union schools 
graded wherever they may be necessary, and may select-a per- 

school?. gpj^ ^[jQ shall have the general supervision of the 

schools in their district, subject to the rules and regula- 
tions of the board. 

rr, ,-n Sbc. 23. Thcy shall appoint a president and secre- 

To lill vacaa- ^ , . -^ ,. i ' i "^ ,. .1 ^ m 

,.ieg_ taryji)/Y? iem., m case 01 the absence 01 the regular 0111- 

cers, and shall fill any vacancy that may occur in the 

office of president, secretary, or treasurer, or in the 

board of directors. 

. Sec. 2j:. They shall require the secretary and 

secretary and ^''^^^^^^'^'^i cach, to give bond to the district, in such 

treasurer to penalty and with such securities as they may deem 

give bond, necessary to secure the district against loss, conditioned 

for the faithful performance of their official duties. 

The bond shall be tiled with the president, and in case 

of a breach of the conditions thereof, he shall bring 

suit thereon in the name of the district township. 

To examine Sec. 25. They shall, from time to time, examine 

account of the accounts of the treasurer, and make settlement 

lyi^^Tf'ff ^rf ^^'Ith him ; and shall present at each regular meeting of 
report to dis- , , ,. i t' . 1 . 9- n ^ ^ 

irict meeting, tlie electors of the district township, a full statement of 

the receipts and expenditures of the district township, 
and such other information as may be deemed impor- 
tant. 
Audit claims Sec. 26. They shall audit and allow all just claims 
asainsttlie against the district, and fix the compensation of the 
secretary and treasurer ; and no order shall be drawn 
on the district treasury until the claim for which it is 
drawn has been so audited and allowed. 
Visit schools ^EC. 27. They shall visit the schools in their district 
and establish and aid the teachers in establishing and enforcing rules 
rules for their fQ J. i^lie goygj^fii-figjit of ^l^e schools ; and see that they 
mavex'ijef "^^eep a correct list of the pupils, embracing the periods 
teachers for of time during which they attended school, the 
sufficient branches taught, and such other matters as may be re- 
cause shown, q^^jj.gjj \^j i\yQ county superintendent. In case a 
teacher employed in any of the schools of the district 
township is found to be incompetent, or is guilty of 
par,tality or dereliction in the discharge of his duties, 
or for any other sufficient cause shown, the board of 
directors may, after a full and fair investigation of the 
facts in the case, at a meeting convened for the purpose, 
at which the teacher shall be permitted to be present 



SCHOOL LAWS. ^ 

and make his defense, expel him from school, and 
direct the sub-director to discharge him. 

* Sec. 28. They shall, at their regular meeting in Secretary to 
March of eacli year, require the secretary to file with fi\e certificate 
the clerk of the board of supervisors, county super- officers. " ^^ 
intendent, and county treasurer, each a certificate of 
the election, qualification, and post-ofiice address of the 
president, secretary and treasurer of the district town- 
ship, and to advise them from time to time of any 
changes made in said ofiices by appointment. 

" Sec. 29. They shall, at their regular meeting in To divide dis- 
September, or at any special meeting called thereafter tript town- 
for that purpose, divide their towHship into sub-dis- ^^}P^.^°^? 
tricts, such as justice, equity, and the interests of the 
people require ; and may .make such alterations of the 
tioundaries of sub-districts, heretofore formed, as may 
be deemed necessary ; and shall designate such sub-dis- 
tricts, and all subsequent alterations, in a distinct and 
legible manner, upon a plat of the district provided for 
that purpose ; and shall cause a written description of 
the same to be recorded in the district records ; a copy 
of which shall be delivered by the secretary to the 
county treasurer, and also to the clerk of the board of 
supervisors, who shall record the same in liis office : 
Provided, That the boundaries of the sub-districts shall 
conform to the lines of Congressional divisions of land ; 
and that the formation and alterations of sub-districts, 
as contemplated in this section, shall not take effect 
until the next sub-district election thereafter ; at which 
election a sub-director shall be elected for the new sub- 
district formed : Provided further, That in cases where 
by reason of streams or other natural obstacles any 
portion of the inhabitants of any school district town- 
ship cannot in the opinion of the county superinten- 
dent, with reasona'l)le facility, enjoy the advantages 
of any school in their township, the said county su- 
perintendent, with the consent of the board of direc- 
tors of such district township as may be effected there- 
by, may attach such part of said township to an ad- 
joining township, and erect a new sub-district with part 
of the said adjoining township, and the order erecting 
the same, shall be transmitted to the township district 
clerk in each district, and be by him recorded in his 
records of sub-districts, and the proper entry thereof 
made on his plat of sub-districts, and such order shall 
designate the township district to which the new sub- 
district shall be attached, and all sub-districts heretofore 

* As amended April 3d, 1866. 



8 SCHOOL LAWS. 

formed, conformino; substantially to the principles above 
expressed, are hereby declared to be legal and as valid 
as if formed under this provision. 
To apportion " Sec. 30. They shall apportion any tax voted by the 
school house district township meeting for school-house fund, among 
the several sub-districts, in such manner as justice and 
equity may require, taking as the basis of said appor- 
tionment, the respective amounts previously levied upon 
said sub-districts for the use of such fund : Fromded^ 
That if the electors of one or more sub-districts at their 
last annual meeting shall have voted to raise a sum for 
school-house purposes, greater than that granted by the 
electors at the last annual meeting of the district town- 
ship, they shall estimate the rate of tax on such sub- 
district, or sub-districts, necessary to raise the amount 
of such excess, and cause the secretary to certify the 
same, within five days thereafter, to the board of su- 
pervisors, who shall, at the time of levying taxes for 
county purposes, levy the per centum of such excess on 
the taxable property of the sub-districts asking the 
same : Provided., That not more than 15 mills on the 
dollar shall be levied on the taxable property of any 
sub-district for any one year for school-house purposes. 
To levy tax * Seu. 31. They shall, at their regular meeting in 
for support of ]\|^arch of each year, or at a special meeting convened 
scioo s. £^^^, ^j^,^^ purpose, between the time designated for such 

regular meeting and the third Monday in May, esti- 
mate the per centum on the taxable property of the 
district township which shall be necessary to raise the 
amount required for the " contingent fund," and also 
such sum as may be required for the " teachers' fund," 
in addition to the amount received from the semi- 
annual apportionments, as shown by the notice from 
the clerk of the board of supervisors, to support the 
schools of the district for the time required by law for 
the current year; and shall cause the secretary to cer- 
tify the same, within five days thereafter, to the board 
of supervisors, who shall, at the time of levying taxes 
for county purposes, levy the per centum thus certified 
upon the property of the district township, which shall 
be collected and paid over as other school district taxes 
are : Provided., That if the electors of one or more 
sub-districts at their last armual meeting shall have 
voted to hold a school exceeding the time required by 
law, and exceeding the time provided for by the esti- 
mate aforesaid, it shall be the duty of the board to 
estimate the cost of such excess, and cause the same 



* As amended March 28, 18G4, and April 3, 186B. 



SCHOOL LAWS. 9 

to be certified as aforesaid, in wliicli case it sliall be 
the duty of the board of supervisors to levy sucli 
excess upon the property of the sub-district voting 
therefor, and which shall be collected and paid over as 
aforesaid. 

Sec. 32. They shall make such rules and regula- Rnlesforgov- 
tions as may be necessary for the direction and restric- ^^"^?"^' "^ 
tion of sub-directors in the discharge of their official 
duties, and not inconsistent with law. 

Sec. 33, Should any person holding an order or -^^-^ jgyy tax 
claim against the school house fund, for liabilities con- for liquida- 
tracted by any school district prior to the passage of !^o^ot orders 
this Act, be willing to surrender the same to the dis-g^ggg_ 
trict at its market value in cash, or at any rate not ex- 
ceeding sixty-seven cents on the dollar, the board of 
directors of said school district may enter into written 
stipulations with him for its redemption on such terms, 
and may vote a tax on account of school-house fund, 
not exceeding three mills on the dollar, in any one 
year, on the property of the district for such purpose. 
Said tax shall be certified, levied, collected, and paid 
over as other school district taxes are. 

*Seo. 34. A majority of the board of directors shall ^ rnaiorii.y of 
be a quorum to transact business, but a less number the Board to 
may adjourn from time to time, and no tax shall be constitute a 
levied by the board after the third Monday in May ; ^^o™"^- 
nor shall the boundaries of sub-districts be changed 
except by a vote of the majority of the board. Nor 
shall the members of the board, except its secretary 
and treasurer, receive pay out of any school funds for 
services rendered under this act. 

PKESIDENT, SECKETABT, AND TEEASUEER. 



L, uijy^J-^^-tJ^J-^J-, 



Sec. 35. The president shall preside at all meetings president to 
of the board of directors, and of the district township; preside and 
shall draw all drafts on the county treasurer for money ^'^^^ drafts 
apportioned to his district; sign all orders on the dis-^'^ ^^ ^^^' 
trict treasury, specifying in the order the fund on which 
they are drawn, and the use for which the money is ap- 
propriated ; and shall sign all contracts made by the 
l3oard. 

Sec. 36. He shall appear in behalf of his district in pj-^sident to 
all suits brought by or against the same, but when he appear for 
is individually a party, this duty shall be performed by district in 
the secretary ; and in all cases where suits may be in- ^^"^^* 
stituted by or against any of the school officers, to en- 

* As amended March 28th, 1864. 
2 



10 SCHOOL LA.WS. 

force any of the provisions herein contained, counsel 
may be employed by the board of directors. 
Secretary to ^EC. 37. The secretary shall record all the proceed- 
record pro- ings of the board and district meetings, in separate 
ceedings and books kept for that purpose; shall preserve copies of all 
del-s. " reports made to the county superintendent; shall tile 
all papers transmitted to him, pertaining to the business 
of the district; shall countersign all drafts and orders 
drawn by the president, and shall keep a register of all 
orders drawn on the district treasury, showing the num- 
ber of the order, date, name of the person in whose 
favor drawn, the fund on which it is drawn, for what 
purpose, and the amount; and shall, from time to time, 
furnish the district treasurer with a transcript of the 
same. 
Secretary to Sec. 38. He shall give ten days' previous notice of 

give notice of tpie district township meeting, by postino; a written 

meetins:. i.- • x: • i ^i • x- i ■ i 

"^ notice m nve conspicuous places therein, one oi which 

shall be at or near the last place of meeting ; and shall 
furnish a copy of the same to the teacher of the school, 
if in session, of each sub-district, to be read in the pres- 
ence of the pupils thereof; and such notice shall, in all 
cases, state the hour of meeting. 
To keep and Seo. 89. He shall keep an accurate account of all the 
report acc't expenses incurred by the district, and shall present the 
of expenses. ^^^^^ ^^ ^|^g board of directors to be audited and paid as 

herein provided. 
To certify tax Sec. 40. Whenever a tax has been voted by any 
to Board of (Jistrict township, for purposes in this act specified, the 
upeivisors. gggj-gi^g^j-j shall immediately certify the per centum to 
the board of supervisors, who shall, at the time of levy- 
ing the tax for county purposes, levy a tax of the amount 
thus certified to them, upon the assessed value of all the 
real and personal property in the district, which shall 
be collected by the County Treasurer at the same time 
and in the same manner as State and county taxes are 
collected: Promded., It shall be receivable only in cash. 
To make an- Sec. 41. Between the fifteenth and twentieth days 
nual report. ^^ September in each year, the secretary of each school 
district shall file with the county superintendent a report 
of the affairs of the district, which shall contain the fol- 
lowing items, viz. : 

First — The number of persons, male and female, 
each in his district, between the ages of five and twenty- 
one years. 

Second — The number of schools, and the branches 
taught. 

Third — The number of pupils, and the average atten- 
dance of the same in each school. 



SCHOOL LAWS. n 

Fourth — The number of teachers employed, and the 
average compensation paid per week, distinguishing 
males from females. 

Fifth — The length of school in days, and the average 
cost of tuition per week for each scholar. 

Sixth — The aggregate amount paid teachers during 
the year, and the balance of teachers' fund in the district 
treasury. 

Seventh — -The text book© used, and the number of 
volumes in the district library, and the value of appara- 
tus belonging to the district. 

Eighth — The number of school-houses, and their 
estimated value. 

Ninth — The amount raised within the year by dis- 
trict tax, for the erection of school-houses, the amount 
for teachers' fund, and for other purposes of this act, 
stating separately the amount for each. 

Tenth — The amount of public fund received from the 
semi-annual apportionments made by the clerk of the 
board of supervisors, and if any, from other sources, 
stating what, and how much from each, and such other 
information as he may deem useful. 

Sec. 42. Should the secretary fail to file his reports ,, . ^ 
as above directed, he shall forfeit the sum of twenty- failure to re- 
five dollars, and shall make good all losses resulting port. 
from such failure, and suit shall be brought, in both 
cases, by the district, on his ofiicial bond. 

Sec. 43. The treasurer shall hold all moneys belong- Treasurer to 
ing to the district, and pay out the same on the order ^^j*^^ ^"^^ P^^ 
of the President, countersigned by the Secretary, and " "^^"^ ^ ' 
shall keep a correct account of all expenses and re- 
ceipts, in a book provided for the purpose. 

Sec 44. The money collected by district tax for the j^jg-grent 
erection of school-houses, and for the payment of debts funds, partial 
contracted for the same, shall be called the " school- Payments on 
house fund ;" that designed for rent, fuel, repairs and °^ ^'^^' 
all other contingent expenses necessary for keeping the 
schools in operation, the " contingent fund ;" and that 
received for the payment of teachers, the " teachers' 
fund ;" and the district treasurer shall keep with each 
fund a separate account ; and shall pay no order which 
does not specify the fund on which it is drawn, and the 
specific use to which it is applied. If he have not suffi- 
cient funds in his hands to pay in full the warrant 
drawn on the fund specified, he shall make a partial 
payment thereon, paying as near as may be, an equal 
proportion of each warrant. 

Sec. 45. He shall receive all moneys apportioned to 



12 



SCHOOL LAWS. 



To receive 
money ap- 
portioned to 
district. 
To register 
oj-ders. 



To render 
statement of 
finances. 



the district townsliip by the clerk of the board of super- 
visors, and also all money collected by the county treas- 
urer on the district school tax levied for the district. 

Sec. 46. He shall register all orders on the district 
treasury reported to him by the secretary, showing; the 
number of the order, date, name of the person in whose 
favor drawn, the fund on which it is drawn, for what 
purpose, and the amount. 

Sec. 47. He shall render a statement of the finances 
of the district from time to time, as may be required 
by the board of directors, and his books shall always 
be open for inspection. 



SUB-DIKECTOK. 



Sub-director 
to employ 
teachers and 
make repairs. 



Contracts to 
be approved. 



To register 
names of the 
heads of fam- 
ilies. 



To make an 
nual report. 



May dismiss 
pupils. 



Sec. 48. It shall be the duty of the sub-director, 
under such rules and restrictions as the board of direct- 
ors may prescribe, to negotiate and make in his sub- 
district all necessary contracts for ])roviding fuel for 
schools, employing teachers, repairing and furnishing 
school-houses, and for making all other provisions nec- 
essary for the convenience and prosperity of the schools 
within his sub-district, and he shall have (he control and 
management of the school-house, unless otherwise 
ordered by a vote of the district township meeting. All 
the contracts made in conformity wath the provisions 
of this section, shall be approved by the president, and 
reported to the board of directors, and said board, in 
their corporate capacity, shall be responsible for the 
performance of the same on the part of the district 
township. 

Sec. 49. He shall, between the first and tenth days 
of September of each year, prepare a list of the names 
of the heads of families in his sub-district, together 
with the number of children in each family between 
the ages of five and twenty-one years, distinguishing 
males from females, and shall record the same in a 
book kept for that purpose. 

* Sec. 50, He shall, between the 10th and 15th 
days of September of each year, report to the secretary 
of the district township the number of persons in his 
sub-district between the ages of five and twenty-one 
years, distinguishing males from females. 

Sec. 51, He shall have power, with the concurrence 
of the president of the board of directors, to dismiss 
any pupil from the schools in his sub-district, for gross 
immorality, or for persistent violation of the regulations 



* As amended April 3d, 1866. 



SCHOOL LAWS. 13 

of the school ; and to re-admit them, if he deems proper 

so to do ; and shall visit the schools in his sub-district, 

at least twice during each term of said school. 

Sec. 52. All contracts with teachers shall be in Contracts 

writing, specifyino; the leno-th of time the school is to '"^^^•^ teachers 
• 1 1 • 1 to t)6 in wri" 

be taught, in weeks ; the compensation per week, or per ^^^„_ 

month, of four weeks ; and such other matters as may 

be agreed upon ; and shall be signed bj the sub-director 

and teacher, and be approved by and filed with the 

president before the teacher enters upon the discharge 

of his duties. 

BOARD OF SUPERVISORS. 

Sec. 53. The board of supervisors of each county ^^^ school 
shall, at the time of levying the tax for county purposes, tax to be lev- 
levy a tax for the support of schools within the county, led. 
of not less than one mill, nor more than two and one- 
half mills on the dollar, on the assessed value of all the 
real and personal property within the county, which 
shall be collected by the county treasurer, at the time 
and in the same manner as State and county taxes are 
collected, except that it shall be receivable only in cash. 

Sec. 54. They shall also levy at the same time, the District 
district school tax certified to them, from time to time, school tax. 
by the respective district secretaries. 

CLERK OF THE BOARD OF SUPERVISORS. 

Sec. 55. The clerk of the board of supervisors shall. School mon'y 
on the first Monday in April and fourth Monday in apportioned 
September of each year, apportion the county school among dis- 
tax, together with the interest of the permanent school 
fund to which his county is entitled, and all other money 
in the hands of the county treasurer belonging in com- 
mon to the schools of his county, and not included in 
any previous apportionment, among the several school 
districts therein, in proportion to the number of persons 
between five and twenty-one years of age, as shown by 
the report of the county superintendent filed with him 
for the year immediately preceding, which report, show- 
ing the number of persons between the ages of five and 
twenty-one years, in each school district in the county, 
shall be so filed on the fifth day of October annually. 

Sec. 56. He shall immediately notify the president gj^.^jj notify 
of each school district of the sum to which his district President of 
is entitled by said apportionment, and shall issue his amount, 
warrant for the same to accompany said notice, which 



14 SCHOOL LA.WS. 

warrant shall be also signed by the president and coun- 
tersigned by the secretary of the district in whose favor 
the same is drawn ; and shall authorize the district 
becretary to treasurer to draw the amount due said district, from 
credit Treas- ^^^^ county treasurer ; and the secretary shall charge 
urer. the treasurer of the district with all warrants drawn in 

his favor, and credit him with all warrants drawn on 
the funds in his hands, keeping separate accounts with 
each fund. 
Shallforward ^^^- ^^' ^^*^ shall forward to the Superintendent of 
certificate of Public Instruction a certificate of the election or ap- 
election of pointment and qualification of the county superinten- 

repm mte?-*^ ^^"^ ' ^"^ ^^^^^^ ^^^O' ^^" ^^® second Monday in Febru- 
est to Audit- ary and August of each year, make out and transmit to 
"r. the Auditor of State, in accordance with such form as 

said Auditor may prescribe, a report of the interest of 
the school fund in the hands of the county treasurer, 
and not included in any previous apportionment; and 
also the amount of said interest remaining unpaid. 

COUNTY TREASURER. 

Co. treasurer * Sec. 58. The county treasurer shall, on tire first 
to pay over Monday in April of each year, pay over to the treas- 
tax, and ren- ^j.^j. of the district the amount of all the school district 
tax which shall haye been collected, an^ shall render 
him a statement of the amount uncollected ; and shall 
pay over the amount in his hands quarterly thereafter. 
He shall also keep the amount of tax levied for school- 
house purposes separate in each sub-district where such 
levy has been made directly upon the property of the 
sub-district making the application, and shall pay over 
the same quarterly to the township treasurer for the 
benefit of such sub-district. 

QUALIFICATIONS AND DUTIES OF TEACHERS. 

Sec. 59. J^o person shall be employed to teach a 
No teacher to QQQ^i^-^Qij school which is to receive a distributive share 
without ^m-- ^^ ^^^^ school fund, unless he shall have a certificate of 
tificate. qualification signed by the county superintendent of the 

county in which the school is situated, or by some other 
officer duly authorized bylaw; and an 3^ teacher who 
commences teaching without such certificate, shall for- 
feit all claim to compensation for the time during which 
he teaches without such certificate. 

Sec. 60. The teacher shall keep a correct register 

* As amended March 28, 1864. 



SCHOOL LA.WS. 15 

of the school, which shall exhibit the sub-district, town- Teacher to 
ship, county and State in which the school is kept; the keep register. 
day of the week, the month and year ; the name, age 
and attendance of each scholar, and the branches taught; 
the register to be as near as practicable after the form 
appended to this Act. When scholars reside in differ- 
ent districts, a register shall be kept for each district. 

Sec. 61. The teacher shall, immediately after the rj.^ f^^g ^^p^ 
close of his school, file in the office of the secretary of of register, 
the board of directors, a certified copy of the register 
aforesaid. 

COUNTY SUPEKINTENDBNT. 

Sec. 62. A county superintendent of common schools p, q . _ 
shall be elected in each organized county in the State, election of. 
at the general election in October, 1863, and at the gen- 
eral election every two years thereafter ; and the in- 
cumbents in office at the taking efl'ect of this Act, shall 
continue in office until their successors are elected and 
qualified, as herein provided. 

Sec. 63. On the first day of January next succeed- When to 
ing the date of his election, he shall take and subscribe ^l^^^ify- 
the usual oath of office, and enter upon the discharge 
of his duties ; and on his failure so to do, or if for any 
other cause there should be a vacancy in the office, the 
board of supervisors shall appoint a person to fill such Vacancy, 
vacancy, who shall qualify within ten days after his liow created 
appointment, and shall continue in office until the time 
prescribed for filling said oflfice by election as herein 
provided; and should the person so appointed fail to 
qualify within the time specified, such failure shall cre- 
ate a vacancy. 

"Sec 64. On the last Saturday of each month he to meet and 
shall meet all persons desirous of passing an examina- examine 
tion, and for the transaction of any other business teachers, 
within his jurisdiction, in some suitable room provided 
for that purpose by the board of supervisors at the 
county seat, at which time he shall examine all such 
applicants for examination as to their competency and 
ability to teach orthography, reading, writing, arithme- 
tic, geography, English grammer and History of the 
United States ; and in making such examination, he 
may at his option, call to his aid one or more assist- 
ants. 

Sec. 65. If the examination is satisfactory, and the To issue cer- 
supreintendent is satisfied the respective applicants tificates. 
possess a good moral character, and the essential qualifi- 

* As amended April 3d, 1866. 



J6 



SCHOOL LAW?. 



Examination 
to be public, 
and names 
recorded. 



Applicants to 
pay a fee of 
one dollar. 



May appoint 
deputy. 



May revoke 
certificate. 



To make an- 
nual report. 



Failure to 
report. 



To conform 
to instruc- 
tions and 
transmit doc- 
umentsto dis- 
trict officers. 



cations for governing and instructing children and 
youth, he shall give them a certificate to that eflect, for 
a term not exceeding one year. 

Sec. 6Q. Any school ofhcer, or other person shall 
be permitted to be present at such examination ; and 
the superintendent shall make a record of the name, 
residence, age, and date of examination of all persons 
so examined, distinguishing between those to whom he 
issues certificates, and those rejected. 

Sec. 07. If any person shall make application for 
an examination at any other time, he shall pay the su- 
perintendent a fee of one dollar before the examination 
is commenced, as a compensation therefor, unless he 
presented himself on the regular day specified, and was 
unable, from no fault of his own, to obtain an examina- 
tion, in which case no fee shall be required of hini. 

Sec. GS. If for any cause the county superintendent 
cannot be present at the regular dB.j thus fixed, he shall 
appoint one or more deputies to make the examination 
in his stead.. He shall issue certificates to those who 
receive the recommendation of his deputies as aforesaid. 

Sec. 09. The superintendent may revoke the cer- 
tificate of any teacher in the county, which was given 
by the superintendent thereof, for any reasons which 
would have justified the withholding thereof when the 
same was given. 

Sec, 70. On the fifth day of October, of each year, 
lie shall make a report to the Superintendent of Public 
Instruction, containing an abstract of the reports made 
to him by the respective district secretaries, and such 
other inatters as he shall be directed to report by the 
said Superintendent of Public Instruction, and as he 
himself may deem essential in exhibiting the true con- 
dition of the schools under his charge ; and he shall, at 
the same time, file with the clerk of the board of super- 
visors a statement of the number of persons between 
the ages of five and twenty-one years, in each school 
district in his county. 

Sec. 71. Should he fail to make either of the re- 
ports required in the last sections, he shall forfeit to the 
school fund of his county the sum of fifty dollars, and 
shall besides, be liable for all damages caused by such 
neglect. 

Sec. 72. He shall at all times conform to the in- 
structions of the Superintendent of Public Instruction 
as to matters within the jurisdiction of said superin- 
tendent, lie shall serve as the organ of communica- 
tion between the superintendent and township or dis- 



SCHOOL LAWS. 1^ 

trict authorities. Pie shall transmit to the townships, 
districts or teachers, all blanks, circulars, and other 
communications, which are to them directed. 

* Sec. Y3. For the time necessarily spent in the Compensa- 
discharge of his official duties he shall receive the sum ''i^'^- 
of three dollars per day, to be paid from the county 
revenue: Provided^ That he shall visit each, school in . 
his county at least once in each term, and shall spend 
at least one half day in each visit, and he shall be en- 
titled to such additional compensation as the Board of 
Supervisors may allow ; Provided further, That he 
shall file a sworn statement of the time he has been 
employed in his official duties with the clerk of the 
board of supervisors, before he shall be entitled to any 
compensation. 

GENERAL PKOVISIONS. 

Sec. 71. A school month shall consist of four weeks, 
of five school days each. 

Sec. 75. Any officer whose term of office is pre- School 
scribed by this act shall continue in office until his sue- "^ ^' 
cessor in office is elected and qualified. Officers to 

Sec. 76. Every person elected or appointed to any Qgjce. 
office pursuant to the provisions of this Act, shall, be- 
fore entering upon the discharge of the duties thereof, ^^'^£|'^^ ^^^^ 
take an oath to support the Constitution of the United 
States and of this State, and faithfully to discharge the 
duties of his office according to the best of his abilities. 
In case such officer has a written appointment or com- 
mission, his oath shall be endorsed thereon, [n other 
cases it may be taken orally. In either case it may be 
sworn to before any officer authorized to administer 
oaths. 

Sec. 77. All fines and penalties collected from a 
school district officer, by virtue of any of the provisions 
of this act, shall enure to the benefit of that particular Fines and 
district. Those collected from any member of the 
board of directors, shall belong to the district town- 
ship, and those collected from county officers to the 
county. In the two former cases suit shall be brought 
in the name of the district township ; in the latter, in 
the name of the county, and by the district attorney. 
The amount in each case shall be added to the fond 
next to be applied by the recipient for the use of com- 
mon schools. 

Sec. 78. In all cases where a school district, as con- 



* As amended April 3d, 1866. 
3 



18 



SCHOOL LAWS. 



School dis- 
trict formed 
of parts of 
two or more 
civil town- 
ships. 



Schooi-honse 
tax refunded. 



Judgment 
afiainsi a dis 
trict, how 
settled. 



Board of sn- 
l)ervisors to 
levy tax. 



stituted at the time of the taking ejffect of an act entitled 
•' an act for the public instruction of the State of Iowa," 
approved March 12th, 1858, and formed of a part of 
two or more civil townships in the same or adjoining 
counties, had a school-house erected, which said house 
had not been destroyed, removed or abandoned, said 
district as at that time constituted shall be and remain 
a sub-district in, and form a part of the district town- 
ship in which such school-house is situated tor voting, 
taxation, enumeration of children, distribution of 
money, and all other school purposes, as fully as though 
said district were all included within the township in 
which the school-house is situated. And the bounda- 
ries of such sub-district shall not be changed, except 
with the concurrence of the boards of directors of the 
townships interested : Provided^ That upon the writ- 
ten application o€ two-thirds of the electors residing 
upon the territory within the township in which the 
school-house is not situated, to the respective boards of 
directors, — or, when said school-house has been re- 
moved — or said territory is uninhabited — it shall re- 
main under the jurisdiction of and form a part of the 
district township to which it geographically belongs ; 
and any tax which has been levied upon said territory 
for the construction of a school-house at any other site 
than the one originally occupied, shall be refunded to 
the district township to which said territory reverts, 
for the construction of a school-house in the sub-district 
in which said territory may subsequently be included ; 
and the respective boards of directors shall, in either 
case, divide their districts in accordance with the pro- 
visions of this section. 

Sec. 79. When a judgment has been obtained 
-against a school district, it shall be the duty of the 
board of directors to pay off and satisfy the same, from 
the proper fund, by an order on the treasurer of the 
district ; and it shall be the duty of the district meet- 
ing, at the time for voting a tax for the payment of 
other liabilities of the district, to provide for the pay- 
ment of such order or orders. 

Sec. 80. In case a school district has borrowed 
money of the school fund, as contemplated in section 
eight, of " an act to provide a system of common 
schools," passed by the Board of Education December 
24th, 1858, it shall be the duty of the board of supervi- 
sors to levy such tax, not exceeding live mills on the 
dollar in any one year, on the taxable property of the 
district as constituted at the time of making such loan. 



SCHOOL LAWS. 19 

as may be necessary to pay the annual interest on said 
loan, and the principal when the same falls due, unless 
the board of supervisors shall see proper to extend the 
time of said loan. 

Sec. 81. JSTo district township meeting, or sub-dis- fjours of 
trict meeting, shall organize earlier than nine o'clock meeting and 
A. M., nor adjourn before 12 o'clock M. ; and in ah adjourning, 
independent school districts, organized under " an act 
to confer certain powers on towns and cities for school 
purposes," or as hereinafter provided, the polls shall 
remain open from nine o'clock A. M., to four o'clock 
P. M. 

Sec. 82. "When any school officer is superseded by School offi- 
election or otherwise, he shall immediately deliver toners to deliv- 
his successor in office, all books, papers and moneys pap°rs^^ ^^^ 
pertaining to his office, taking a receipt therefor ; and 
every such officer who shall refuse to do so, or who 
shall wilfully mutilate or destroy any such books or 
papers, or any part thereof, or shall misapply any 
moneys entrusted to him by virtue of his office, shall be 
liable to the provisions of the general statutes for the 
punishment of such offenses. 

Sec. 83. ISTothing in this act shall be so construed as jurisdiction 
to give the board of directors of a district township, ju- of district 
risdiction over any territor}^ included within the limits to^^^s^^P- 
of any city or village, with the territory annexed thereto 
for school purposes, which has organized separately as 
a school district under any other act. 

independent school distkigts. 

^' Sec. 84:. Any city, town, or sub-district contain- City,sub-dist. 
ing within its surveyed limits not less than two hun- ^\ ^^"^^ cpn- 
dred inhabitants, and certain territory contiguous there- ^^^ " 
to, may be constituted a separate school district, in the 
manner hereinafter provided. 

^>" Sec. 85. At the written request of any ten legal jq-otice of 
voters residing in such city, town, or sub-district, the election for 
township trustees shall establish the boundaries of the organization 
contemplated school district, including such contiguous 
territory as may best subserve the convenience of the 
people for school purposes, and shall give at least ten 
days' previous notice of the time and place for a meet- 
ing of the electors residing in said district, by postino- 
written notices in at least five conspicuous places there- 

*As amended April 3, 1866. 



20 SCHOOL LAWS. 

in ; at which meeting the said electors shall vote by 
ballot for or against a separate organization. 
Notice of first Sec. 86. Should a majority of the votes be cast in 
election of favor of such separate organization, the township triis- 
directo*rs ^^^^ shall give similar notice of a meeting of the elec- 
tors for the election of a president, vice-president, secre- 
tary, and treasurer, who ahall continue in olhce until 
the next annual meeting thereafter; and three direc- 
tors, one of whom shall continue in office for one, one 
for two, and one for three years, from and after the next 
annual meeting thereafter, their respective terms of 
office to be determined by lot ; and the said president, 
vice-president, secretary, treasurer, and three directors, 
shall constitute a board of directors for the district. 
How to or- '" Sec. 8Y. Said meeting shall organize by appoint- 
ganizemeet- ing a president and secretary, who shall act as judges 
lugs. Q-j.' |.jjg election, and issue a certificate of election to the 

persons elected : Provided^ That the organization of 
such independent district shall bo completed on or be- 
■ fore the first day of August, of the year in which said 
organization is attempted, and when such organization 
is thus completed, all taxes levied by the board of di- 
rectors of the district township, of which the independ- 
ent district formed a part in that year, shall be void, so 
far as the property within the limits of the independent 
district is concerned, and the board of directors of such 
independent district shall levy all necessary taxes for 
school purposes as provided by law for that year, at a 
meeting called for that purpose, at any time before the 
third Monday of August of that year, which shall be 
certified to the boai-d of supervisors on or before the 
first Monday of September, and said board of super- 
visors shall levy said tax at the time and in the manner 
that school taxes are required to be levied in other dis- 
tricts. 
Notice, when Sec. 88. In case such school district is formed of 
district is parts of two or more civil townships in the same or 
diSent^°^ adjoining counties, the duty of giving the notice shall 
townsliips. devolve upon the trustees of the township in which a 
majority of the legal voters of the contemplated school 
district reside. 
District may '^"Sec. 89. Said school district may have as many 
be divided schools, and be divided into such wards, or other sub- 
mto wards, divisions for school purposes, as the board of directors 
may deem proper; and shall be governed by the laws 
enacted for the regulation of district townships, so far 
as the same may be applicable : Provided^ That it shall 

*As amended April 3, 1866. 



SCHOOL LAWS. 21 

be lawful for the electors of any independent school 
district, at the annual meeting of such district, to vote 
a tax not exceeding ten mills on the dollar in any one 
year, on the taxable property of such district, as the 
meeting may deem sufficient for the purchase of grounds 
and the construction of the necessary school houses for 
the use of such independent district, and for the pay- 
ment of any debts contracted for the erection of such 
school houses, and for procuring library and apparatus 
for the use of the schools ot such independent district. 

Sec. 90. The annual meeting of all independent Annual meet- 
school districts, formed as herein contemplated, or^°S9^inde- 
under the laws in force at the passage of this act, shall ['dcts^'^ 
be held on the second Monday in March, for the 
transaction of the business of the district, and for the 
election by ballot of a president, vice-president, secre- 
tary and treasurer, who shall continue in office for one 
year ; and one director, as the successor of the one 
whose term expires, who shall continue in office for 
three years ; and the president, vice-president and 
secretary, then in office, shall act as judges of the 
election, and shall issue certificates of election to the 
persons elected, for the ensuing term. 

Sec. 91. Where an independent school district has Remainder of 
been formed out of a civil township, or townships, as township a 
herein contemplated, the remainder of such township, g^^*"^* *'°^"" 
or of each of such townships, as the case may be, shall 
constitute a district township, as provided in the first 
section of this act ; and the boundaries between such 
district township and independent school district, may 
be changed at any time with the concurrence of their 
respective boards of directors. 

SPECIAL PEOVISIONS. 

Sec. 92. Any school district officer, in office at the r»ffl««,,.c f^ 
taking enect oi this act, shall continue m office until remain in 
the next regular election thereafter, as herein provided, office. 

Sec. 93. The Auditor of State shall, on the first Auditor to 
Monday in March and September of eacli year, appor- apportion 
tion the interest of the permanent school fund among g°|f^^^ f i 
the several organized counties of this State, in propor- 
tion to the number of persons between five and twenty- 
one years of age, in each, as shown by the last report 
of the number of such persons filed with him by the 
Superintendent of Public Instruction. 

Sec. 94. " An act to confer certain powers on towns Sundry acts 
and cities for school purposes," passed December 24:th, repealed. 



22 SCHOOL LAWS. 

1858; "An act to amend an act entitled an act to pro- 
vide a system of common schools," passed December 
2-itli, 1859; "An act providing for the boundaries of 
districts in certain cases," passed December 24:th, 1859; 
"An act to amend an act to confer certain powers on 
towns and cities for school purposes," approved Febru- 
ary 26th, 1860 ; " An act to amend an act passed by the 
Board of Education December 21:th, 1859, entitled " an 
act to amend an act entitled an act to provide a system 
of common schools," approved April 2d, 1860; "An 
act to amend an act passed by the Board of Education 
December 21rth, 1859, entitled an act to provide a sys- 
tem of common schools," approved April 2d, 1860 ; "An 
act to amend an act passed by the Board of Education 
December 21:th, 1859, entitled an act to amend an act 
entitled an act to provide a system of common schools," 
approved April 3d, 1860; " An act defining the duties 
and regulating the compensation of county superinten- 
dents," passed December ITth, 1861 ; "An act to amend 
an act entitled an act to amend an act entitled an act to 
])rovide a system of common schools," passed December 
19th, 1861, and all other acts, and parts of acts, contra- 
vening the provisions of this act, are hereby repealed. 



CHAPTER 2. 

AN ACT to render District Townsliips lial)le for the debts of old 
Districts, and to enable them to sue in certain cases. 



Dist. town- 
ships liable 
for debts of 
old districts. 



Board of di- 
rectors allow 
claims, levy 
tax for pay- 
ment of same. 



[Passed December 13, 18G1, Laws of Board of Education.'] 

Section 1. Be it enactedhy the Board of Education 
of the State of lowa^ That a district township shall be 
liable for all the debts and liabilities existing against 
any district on the 12th day of March, A. D. 1858, 
which now forms a sub-district of the district township. 

Sec. 2. It shall be the duty of the board of directors 
to audit and allow all claims for such debts and 
liabilities ; and when any such claim is allowed, either 
by the board, or by a judgment rendered against the 
district township, it shall be the duty of the board to 
levy a tax for the payment of such claim or judgment, 
in the same manner as though a school house or other 
tax had been voted. 

Sec. 3. The board may discriminate in the levy of 



SCHOOL LAWS. 23 

said tax according to the very right of each particular Board may 
case ; and in doing so, any sub-district or part of a sub-, discriminate 
district, may be required to pay the greater portion, or i"^ ^^'^'yi'^S '-^^ 
all, or no part of said tax, as the board may determine, 
according to the equity and justice of the case. 

Sec. 4. Should any part of the territory comprising Territory of 
the debtor district on the 12th of March, 1858, not now f^'icJ^J-oJmin 
form a part of said district as a sub-district, but form a p^j.^ ^f j^g^^ 
part of a new siib-district in another district township, sub-district, 
it is hereby made the duty of the board of such last 
named district township to audit and allow to said debtor 
district, so made liable by this act, such part of the in- 
debtedness of the original district aforesaid, as right 
and justice would determine. 

Sec. 5. If the two boards cannot agree, the county guDerlntend- 
superintendent shall decide, and the amount so fourfd ent to decide 
by him shall stand as a liability of such debtor district when boards 
township, to the district to.wnships first named in this ^^^°^* *=^'^^- 
act. 

Sec. 6. A district township is hereby authorized to Dist. town- 
sue for and collect all debts and demands due any ship to sue 
school district, as organized on the 12th of March, ^^^^ debts. 
1858, which now forms a sub-district in said district 
township. 

Sec. 7. "When any old school district, as organized When old 
on the 12th of March aforesaid, shall not now form a district does 
sub-district in any district township, the district fown- ^^J'^Jj^^j^^^ 
ship containing a greater portion than any other district 
township of such old school district, shall be deemed 
the proper district township to sue for and collect the 
demands and debts due such old school district, and is 
also liable to be sued for the debts and liabilities of such 
district. 

Seo. 8. In the cases contemplated in the preceding county su- 
section, the county superintendent shall decide as be- perintendent 
tween the district townships containing any part of the to decide be- 
territory of such old school district, what part each dis- ^^^n^^ipg^^^^ 
trict township shall receive, and what amount each 
shall pay of the amount due to, or due from the district 
township mentioned in said section, as equity and jus- 
tice shall seem to determine : Promded^ The district 
boards may determine by their joint agreement the 
entire subject of this section. 



24 



SCHOOL LAWS. 



CHAPTER 3 



German or 
other lan- 
guage may 
be taught in 
public 
schools. 



AN ACT to authorize the teaching of the German, or other Lan- 
guage, in the Common Schools. 

[Passed December 14, 1861 ; Laws of Board of Education.} 

Section 1. J5e it enacted hy the Board of Edxication 
of the State of loioa^ That the electors of any school 
district, at any legally called school meeting, may, by 
a vote of a majority of the electors present, direct the 
German, or other language, to be taught as a branch in 
one or more of the schools of said district, to the schol- 
ars attending the same, whose parents or guardians may 
so desire; and thereupon it shall be the duty of such 
board of directors to provide that the same be done : 
Provided^ That all other branches taught in said school 
or schools, shall be taught in the English language : 
Provided^ ftrthet\ That the person employed in teach- 
ing the said branches shall satisfy the county superin- 
tendent of his ability and qualilications, and receive 
from him a certificate to that effect. 



CHAPTER 4 



AN ACT for the encouragement of Teacliers' Institute's. 
[Passed December 17, 1861 ; Laips of Board of Education.'] 

Sp:ction 1. Be it enacted hy the Board of Education 
Teachers' In- gj-' ^j/^^ State of loioa^ That during the time of holding 
a Teachers' Institute, in any county of this State, any 
school that may be in session in such county shall be 
closed; and it is hereby made the duty of all teachers, 
any persons desiring a teacher's certificate, to attend 
such institute, or present to the county superintendent 
satisfactory reasons for not so attending, before receiv- 
ing such certificate. 



SCHOOL .LAWS. 25 



CHAPTEK 5. 

AN ACT to authorize District Township Boards to subscribe for 
the Iowa School Journal and Iowa Instructor. 

[Passed December 18, 1861 ; Lmcs of Board of Education.] 

Section 1. £e it enacted hy the Board of Education Boards of di- 
of the State of Iowa, That the board of directors of actors may 

en nspT*! mp tor 

each school district in this State, is hereby autliorized school Jour- 
to subscribe for and take at least one copy of the Iowa nal. 
School Journal and Iowa Instructor. 

Sec. 2. The copy or copies of the lovs^a School School Jour-^ 
Journal and Iowa Instructor, which may be subscribed °?1 ^.^P?'.^^ *^^ 
for agreeably to the provision of section one of this ^^^ ^^^'^ ^ ^^" 
Act, shall be and remain a part of the school district 
library. 



CHAPTEK 6. 

AN ACT to create a State Board of Examiners for the examination 
of School Teachers. 

{Passed December 20, 1861 ; Laws of Board of Uducaiion.'] 

Section 1. Be it enacted hj the Board of Education g^^^^g board 
of the State of Iowa, That there is hereby created a of examiners 
State board of examiners, for the examination of school created, 
teachers, to be known as the "Educational Board of 
Examiners ;" said board to consist of the faculty of the 
State University, of which the professor of the normal 
department shall be chairman, and the secretary of the 
board of trustees, ex-officio secretary. 

Sec. 2. The said board shall hold an annual session Annual meet- 
of one week, commencing on the first Monday after the i"g of board 
fourth of July, and such special sessions as they i^^^J !v!rfof ^Tc^. 
deem proper, at the State University, at which sessions ers. 
they shall examine all persons who make application, 
as to their qualifications for teaching school in this 
State, taking as the standard of qualification the course 
of study required in the normal department of the 
University. 

Sec. 3. Said board shall keep a record of their pro- ^o°rd"pro''ceed- 
ceedings and a register of the name, age, sex, residence, ings, &c. 
4 



26 



SCHOOL LAWS. 



Gertilicates 
issued to 
teachers. 



Certificates 
to be perpet- 
ual unless re- 
voked. 



Notice of re- 
vocation. 



No compen- 
sation allow- 
ed. 



and date of certificate of each person tu whom a certifi- 
cate is issued. Thej shall also procure a seal, upon 
which shall be inscribed the words: '■''Educational 
Board of Examiners of the State of Iowa,'''' and such 
other device or sentiment as they may consider appro- 
priate ; and shall adopt, and cause to be printed, in a 
neat and legible manner, a form of certificate. 

Sec. 4. To all persons of good moral character, wdio 
pass a satisfactory examination as contemplated in this 
act, said board shall issue a certificate of qualification, 
for teaching a school in the State of Iowa, signed by 
the chairnian and secretary of said board, with the seal 
afiixed ; which certificate shall authorize the person to 
whom it is given to teach in any cf the public schools 
of this State, in which their services may be desired, 
without any further evidence of qualification. Said 
certificate shall be perpetual, unless revoked by said 
board for gross immorality, or any other cause of dis- 
qualification, of which cause the said board shall be the 
judges. In case a certificate is revoked, said board shall 
cause the fact to be published in two or more newspa- 
pers published in this State, and shall also report the 
same to the Secretary of the Board of Education, (Super- 
intendent of Public Instruction,) Avho shall immediately 
thereafter notify all the county superintendents in the 
State. 

Sec. 5. Said board shall receive no compensation 
for their services. The expenses incurred for books, 
stationery, certificates, seal, and compensation of the 
secretary, shall be allowed and paid by the Trustees of 
the State University. 



CHAPTER 7 



Temporary 
school fund, 
how appor- 
tioned. 



AN ACT to provide for the purchase of School District Libraries* 
[Parsed December 18, 1858 ; Laws of Board of Education.l 

Section 1. Be it enacted hy the Board of Education 
of the State of Iowa, That the temporary school funds 
belonging to each county in this State shall be appor- 
tioned separately by the county judge at the time of 
apportioning other school funds among the several dis- 
tricts in each county, in proportion to the number of 



SCHOOL LIWS. 27 

persons residing in such district between the ages of 
five and twenty-one years. 

Sec. 2. Tiie board of directors shall, at their regu- hq^ appro- 
lar meeting in April of each year, determine whether priated. 
the amount so received shall be appropriated to the 
purchase of a district library, and if not so appropriated, 
the same shall form a part of the teachers' fund of said 
district. 

Sec. 3. The secretary of each district shall be ex- Secretary ex 
officio librarian, and shall purchase books and perform (#cw librari- 
an other duties pertaining to that office, under the di- ^'■"• 
rection of the township board. 



CHAPTER 8. 

AN ACT prohibiting the exclusion of the Bible from the Schools 
of the State. 

[Passed December 22, 1858; Lmcs of Board of Bducation.] 

Section 1. J^e it enacted hy the Board of Education Bible not to 
of the State of lowa^ That the Bible shall not be ex- be excluded, 
eluded from any school or institution in this State, under 
the control of the Board, nor shall any pupils be required 
to read it contrary to the wishes of his parent or guard- 
ian. 



CHAPTEE 9. 

AIST ACT to provide for Appeals. 
\Fassed December 24, 1859 ; Laws of Board of Education.'] 

Section 1. Be it enacted hy the Board of Education j^j^^y appeal 
of the State of lowa^ That any person aggrieved by any from dicision 
decision or order of the district board of directors, in of board of 
matter of law or of fact, may within thirty days after countv^supt 
the rendition, of such decision, or the making of such 
order, appeal therefrom to the county superintendent 
of the proper county. 

Sec. 2. The basis of the proceeding shall be an By affidavit. 



28 



SCHOOL LA.WS. 



affidavit, filed by the party aggrieved with the county 
superintendent, within the time allowed for taking the 
appeal. 
What it shall Sec. 3. The affidavit shall set forth the errors com- 
contain. plained of in a plain and concise manner. 

Co sunt to ^'E'C. 4:. The connty superintendent shall, within five 
notify secie- days after the filing of such affidavit in his office, notify 
taryofappeal the secretary of the j^roper district in writing, of the 
taking of such appeal. And the latter shall, within 
ten days after being thus notified, file in the office of 
the county superintendent a complete transcript of the 
record and proceedings relating to the decision com- 
plained of, which transcript shall be certified to be cor- 
rect by the secretary. 
Must file Sec. 5. After tlie filing of the transcript aforesaid 

transcript. in his office, he shall notify in writing all persons ad 
versely interested, of the time and place where the 
matter of the appeal will be heard by him. 
Parties to be Sec. 6. At the time thus fixed for hearing, he shall 
notified. hear testimony for either party, and for that purpose 
May hear tes- j^^g^y administer oaths if necessary, and he shall make 
a'chnimster such decision as may be just and equitable, which shall 
oaths. be final, unless appealed from as hereinafter provided. 

Appeal, how Sec. 7. An appeal may be taken from the decision 
taken. of the county superintendent to the Secretary of the 

Board of Education, [Superintendent of Public Instruc- 
tion] in the same manner as provided in this act for 
taking appeals from the decision of the district board 
to the county superintendent, as nearly as applicable, 
except that he shall give thirty days' notice of the ap- 
peal to the county superintendent, and the like notice 
shall be given to the adverse party, and the decision, 
when made, shall be final. 
Not allowed ^^^- ^- Nothing in this act shall be so construed as 
to render to authorize either the county superintendent or Secre- 
judgment for tary of the Board of Education [Superintendent of Pub- 
money. y[q Instruction] to render a judgment for money, neither 
No compen- shall they be allowed any other compensation than is 
saiion. now allowed by law ; provided, that all necessary ])ost- 
age must first be paid by the party aggrieved. 



SCHOOL LAWS. 29 



CHAPTER 10. 

AN ACT to abolish Uie Board of Education of the State of Iowa; 
to provide for the election of a Superintendent of Public Instruc- 
tion, prescribing his duties, and for other purposes connected 
therewith. 

\Passed March 19, 1864; Laws of Tenth General Assembly, Chapter 53.] 

Section 1. Be it enacted hy the General Assembly t, a a 
of the State of Iowa, That the Board of Education of the ^x^^ abolish-' 
State of Iowa is hereby abolished. ed. 

Sec. 2. A Superintendent of Public Instruction Supt. Public 
shall be elected by the present General Assembly, who Instruction 
shall hold his office until the first day of January, 1866. ^ ^^^^ ' 
At the general election in 1865, and every two years 
thereafter, a Superintendent of Public Instruction shall 
be elected in the same manner as other State oflicers, 
who shall enter upon the duties of his ofl&ce on the first Term. 
day of January succeeding his election, and shall hold 
his ofiice for two years, and until his successor is elected 
and qualified. 

Sec. 3. He shall before entering upon the duties of Y,on^ 
his ofiice, give bond for the use of the State of Iowa, 
in the penal sum of two thousand dollars, with sufticient; 
sureties to be approved by the Secretary of State, con- 
ditioned for the faithful and impartial performance of 
the duties of his ofiice ; and he shall also, at the time of 
giving bond, take and subscribe an oath, or make aftirm- 
ation that he will support the Constitution of the United 
States, and of the State of Iowa, and to the best of his '. 
ability, faithfully and impartially perform the duties of Oath. 
his otfice, which oath shall be endorsed upon the back 
of said bond, and the bond shall be filed with and pre- 
served by the Secretary of State. 

• Sec. 4. An ofiice shall be provided for him at the office 
seat of government, in which he shall file all papers, 
reports, and public documents, transmitted to him by 
the county superintendents, each year separately, and 
hold the same in rea'diness to be exhibited to the Gov- 
ernor, or to a committee of either house of the General 
Assembly, at any time when required ; and he shall P^^^ord. 
keep a fair record of the matters pertaining to his 
office. 

Sec. 5, He shall be charged with the general super- Supervison. 
vision of all the county superintendents, and all the 
common schools of the State; and shall render a written 
opinion to any school officer asking it, touching the ex- 



gQ SCHOOL LAWS. 

G' eoDinioD position or administration of any school law ; and shall 
' determine all cases appealed from the decision of the 
county superintendents. 
RecommeDd Sec. 6. He shall recommend from time to time, to 
text-books, county superintendents, such books as he may think 
advisable for text books and for district school libraries. 
Subscribe for Sec. Y. He may, if he deem it expedient, subscribe 
lowalnstruc- for a sufficient number of copies of the "Iowa Instructor 
^^^- and School Journal," or of such other educational jour- 

nal published in the State, as he may select, to furnish 
each county superintendent with one copy, and his cer- 
tihcate of having thus subscribed, shall be authority for 
the Auditor of State to issue his warrant for the amount 
of said subscriptions : ])rovided, that he shall cause to 
Publish Lis be inserted in the journal he may so select, a correct 
dicisions. copy of any decision he may deem it necessary to make 

for the efficient carrying out of the school law. 

Publish and Sec. S. He shall cause as many copies of the school 

distribute laws in force, ^with the forms, regulations, and instruc- 

school laws, ^j^^j^g j^erein contemplated, thereto annexed, to be from 

time to time printed, and distributed among the county 

superintendents as he shall deem expedient, and shall 

furnish each county superintendent with a sufficient 

number to supply each school officer in his county with 

one copy, to be handed to his successor in office. Irle 

shall also prepare and cause to be distributed to the 

Distribute several county superintendents a form of certificate in 

blanks. blank to be granted to teachers, also all other blank 

forms necessary to be used in carrying out the school 

laws. 

Report num- Sec. 9. He shall annually, on the first day of Janu- 

berof chil- ary, report to the Auditor of State, the number of per- 

itoT ^^ ' ^*^"^ ^^ ^^^^ county of the State between the ages of 

five and twenty-one years. 
Renort to ^^G. 10. He shall make a report to the General 

General As- Assembly, at each regular session thereof, which shall 
sembly. embrace, first, a statement of the condition of the com- 

mon schools of the State ; the number of district town- 
ships and sub-districts therein ; the number of teach- 
ers ; the number of schools, the number of school-houses 
and the value thereof; the number of persons between 
five and twenty-one years of age ; the number of schol- 
ars in each county that have attended school the previ- 
ous year, as returned by the several county superintend- 
ents ; the number of books in the district libraries, and 
the vaiue of all apparatus in the schools, and such other 
statistical information as he may deem ■ important. 
Second, Such plans as he may have matured for the 



SCHOOL LAWS. 81 

management and improvement of the school fund, and 

for the more perfect organization and efficiency ot 

common schools. Third, He shall cause one thousand 

copies of his report to be printed, and shall present itReporttobe 

to the General Assembly on the second day of its ses-^'^ " 

sion. 

Sec. 11. Whenever reasonable assurances shall be rpg^gjj^j.gi J^. 
given by the county superintendent of any county, tostitute. 
the superintendent of public instruction, that not less 
than twent}' teachers desire to assemble for the purpose 
of holding a teachers' institute in said county, to remain 
in session not less than six working days, he shall ap- 
point the time and place for said ineeting, and give due 
notice thereof to the county superintendent ; and for 
the purpose of defraying the expenses of said institute, 
there is hereby appropriated out of any moneys in the 
State treasury not otherwise appropriated, a sum not 
exceeding fifty dollars annually for one such institute 
in each county held as aforesaid, which the said super- 
intendent shall immediately transmit to the county su- 
perintendent in whose county the institute shall be 
held, who shall therewith defray the necessary expenses 
of the institute, and if any balance remains he shall 
pay the same into the county treasury, and the same 
shall be credited to the teachers' fund. 

Sec. 12. The Superintendent of Public Instruction Salary, 
shall receive annually the sum of thirteen hundred dol- 
lars as compensation for the duties required of him by 
law. 

Sec. 13. The Superintendent of Public Instruction, jj^^g^^.^ 
elected by the General Assembly under the provisions books, papers 
of this act, shall within ten days after his election and &c. 
qualification, take possession of all books, papers and ^ 

efifects heretofore belonging or in any wise appei'^^i^- office^abof- 
ing to the office of the secretary of the Board of Edu-jshed. ' 
cation, whose office is hereby abolished. 

Sec. 14. An act to provide for the election and to Repealed. 
define the duties of the secretary of the Board of Edu- 
cation, passed by the Board of Education December 
24th, 1858, also chapter 6Q, law^s of the Eighth General 
Assembly, passed March 28th, 1860, and all other acts 
and parts of acts, inconsistent with this act, are hereby 
repealed. 

Sec. 15. This act shall take effect from and after 
its publication in the Iowa State Register, the Iowa 
Homestead, and the Iowa Instructor and School Jour- 
nal, or any two of them. 

Approved March 19th, 1864. 



82 



SCHOOL LAWS. 



CHAPTEK 11. 



STATE UNIVERSITY. 



Objects of. 



Collegiate 
depaitmeut. 



Normal. 



Gymnasium. 



Board of 
Trustees. 

President. 



Classes. 



Term. 



AN ACT to amend an act entitled an act for the government an*^ 
regulation of the Slate University of Iowa. 

[Laws of lOiJi General Assembly, passed March 21, 18G4.] 

Section 1. Be it enacted hy the General Assembly 
cf the State of loiva, That the objects of the State 
University of Iowa, established by the constitution at 
Iowa City, shall be to provide the best and most effi- 
cient means of imparting to the youth of the State of 
both sexes upon equal terms a liberal education and a 
thorough knowledge of the different branches of litera- 
ture, the arts and sciences, with their various applica- 
tions. 

Sec. 2. There shall be attached to the University a 
collegiate department, in which, as soon as may be 
deemed expedient by the board of trustees hereinafter 
provided, regular college classes shall be formed or 
provided for, and a president and the necessary profes- 
sors and tutors elected. There shall also be a normal 
department to the University, in which shall be taught 
the theory and practice of teaching, and everything 
which enters into it as an art, including all the most 
approved methods and processes now in use in all the 
varieties of teaching. 

The Trustees, as soon as the funds of the University 
will alhiw, shall make suitable provision for a system 
the gymnastic exercises and physical training, and shall 
make such rules for the regulation of the same as they 
may deem expedient. 

Sec. 3. The University shall be governed and 
managed by a Board of Trustees, consisting of nine 
persons. 

The Governor of the State shall be the president ex 
ojjk-i'i. and the president of the faculty a member ex 
oj/icfo tif this board. The remaining members shall be 
elected !)y the General Assembly, and shall be divided 
into two classes. 

The four members elected at the last session of the 
Board «)f Education shall constitute the first class, and 
contiinie in office four years from the first day of Janu- 
ary iit'>Jt after their election. The three members 
elected at the present session of the Legislature shall 



SCHOOL LA.WS. 33 

constitute the second class, and continue in office four 
years from the first day of January, 1864. 

In the absence of the Governor, tlie board may elect 
its own presiding officer. 

Sec. 4. In all subsequent elections for filling a va.-Term. 
cancy caused by the expiration of the oflicial term of 
either class, the persons elected shall continue in office 
four years and until their successors are elected and 
qualified. 

Seo. 5. The compensation of the trustees shall compensa- 
be governed by the provisions of section 1^19 of the tion. 
Revision of 1860. 

Sec. 6. The University shall never be under the Control. * 
exclusive control of any religious denomination what- 
ever. 

Sec. 7. In all cases where specimens of natural his- Specimens, 
tory and geological and mineralogical specimens which 
are or may be hereafter collected by the State geologist 
of Iowa, or by any others appointed by the State to in- 
vestigate its natural history and physical resources are 
found they shall belong to, and be the property of. the 
State University, and shall form a part of its cabinet of 
natural history, which shall be under the charge of the 
professor of that department. 

Seo. 8. The office of curator of cabinet of natural Curator abol- 
history is hereby abolished. 

Sec 9. The board of trustees shall elect a treasurer, Treasurer, 
who shall hold his office at the pleasure of the board. 
It shall be his duty as treasurer to keep a true and faith- 
ful account of all moneys received and paid out by him, 
and before entering upon the duties of his office, he 
shall take and subscribe an oath that he will faithfully 
perform the duties of treasurer. And he shall also 
give a bond in the penalty of fifty thousand dollars 
conditioned for the faithful discharge of his duties 
as treasurer, and that he will at all times keep and 
render a true account of moneys received b}'" him as 
such treasurer, and of the disposition he has made of 
the same, and that he will at all times be ready to dis- 
charge himself of the trust and to pay over when re- 
quired, which bond shall have two or more good 
sureties, and sball be approved as to its form, and the 
sufficiency of its sureties by the board ot trustees, and 
also the Auditor and Secretary of State, and shall be 
filed in the office of the latter. 

Sec. 10. The University shall consist of such de- rj^^artments. 
partments as the board of trustees sball determine, sub- 



34 SCHOOL LAWS. 

ject to the provisions of this act, and the same may be 
altered or changed as they riiay prescribe. 

The immediate government of the several depart- 
Government.; ^ents shall be entrusted to the faculty. 

The method and course of instruction in each depart- 
ment shall be prescribed by the board of trustees, who 
shall also confer such degrees and grant such diplomas 
as are usually conferred and granted by other universi- 
ties, or such other as they may think proper. 
Powers of Sec. 11. The board of trustees shall have power, 

board. ^nd it shall be their duty, to enact laws for the govern- 

ment of the University, to appoint a secretary of the 
board, who shall hold his ofhce at the pleasure of the 
board, to elect a president and the requisite number of 
professors and tutors, together with such other officers 
as they ma}'' deem expedient, and to determine the 
amount of their respective salaries, also the compensa- 
tion of the treasurer. They shall have power to remove 
officer. ^^J officer connected with the institution, when in their 

Fix fees. judgment the good of the institution requires, and to 

determine the amount of fees to be paid for tuition. 
Duties of sec- Sec. 12. It shall be the duty of the secretary to 
retary and record all the proceedings of the board of trustees, and 
carefully to preserve all its books and papers. His 
books shall exhibit what of the University lands have 
been sold, when the same were sold, and at what price, 
and to whom, on what terms, what portion of the pur- 
chase money has been paid, and when paid on each 
sale; how the same has been invested, and on what 
security ; how much is due on each sale, by whom, and 
how secured, and when payable ; what lands remain 
unsold, where situated, and their appraised value, if ap- 
praised, or their estimated value, if not appraised. His 
books shall also show how the permanent fund of the 
University has been invested, the amount of each kind 
of -stocks, if any, with the date thereof and when due, 
and the interest thereon, and when and where payable, 
the amount of each loan, if any, and when made and 
payable to whom, and how secured and at what interest, 
and when are where payable. When any further sales 
of lands or further instruments shall be made, the sec- 
retary shall enter the same upon his books, as above 
set forth. The secretary shall countersign and register 
all orders for money on the treasurer, and the treasurer 
shall not pay any order upon him for money unless the 
same be countersigned by the secretary. On the first 
day of February of each year the treasurer shall report 
to the secretary all defaults of payment of either prin- 



SCHOOL LAWS. 35 

cipal or interest, with the names and address of the 
persons so in default, and thereupon the secretary shall 
immediately notify in writing each person so in default, 
urging payment. 

Sec. 13. The board of trustees is authorized to Expend in- 
expend such partion of the income of the University come, 
fund as it ma}^ deem expedient in the purchase of appa- 
ratus, library, and cabinet of natural history, in pro- 
viding suitable means to keep and preserve the same, 
and in the procurement of dl other means and facilities 
for giving instruction. 

Sec. 14. The first meeting of the board of trustees, pij-gt n^eet- 
under this act, shall be on the last Tuesday in June, iug. 
1864, and at such- time thereafter as the board may 
appoint. 

Sec. 15. The president of the board may call spe- Special meet- 
cial meetings when he deems it expedient. The board ^^S^- 
of trustees shall have power to fill all vacancies occur- 
ring therein, except when the Legislature is in session, 
and the person so appointed shall hold his office until 
the next session of the General Assembly. 

Sec. 16. The treasurer of the University shall have Treasurer. 
a set of books in which he shall keep an accurate ac- 
count of all transactions relative to the sale and dispo- 
sition of the University lands, and the management of 
the fund arising therefrom, which books shall exhibit 
what parts and portions of lands have been sold, at 
what prices and to whom, and how the proceeds have 
been invested, and in what securities, and what lands 
still remain unsold, where situated, and what value re- 
spectively. 

Sec. 17. J^o sales of lands belonging to the Uni- Laud sales, 
versity shall hereafter take place unless the same shall 
be decided upon at a regular meeting of the board of 
trustees, or at one called for that particular purpose, and 
then only in the manner, upon the notice, and on the 
terms which the board shall prescribe, and no member 
of the board shall be either directly or indirectly inter- 
ested in any purchase of such lands upon sale. It shall 
be lawful for the board to invest any portion of the per- Investments, 
manent endowment fund not otherwise invested, as well 
as any surplus income which is not immediately required 
for the purpose of investment in United States stocks 
or stocks of the State of Iowa, and hold the same for 
the University, either as a permanent fund or as an in- 
come to defray current expenses, as said board of trus- 
tees may deem expedient. 

Sec. 18. The board of trustees shall make a report, Report. 



36 



Repealed. 



SCHOOL LAWS. 

through the Superintendent of Public Instruction, to 
the General Assembly at every regular session, on the 
second day thereof, which shall exhibit the state, con- 
dition and progress of the University in its several de- 
partments, the different courses of study pursued there- 
in, the branches taught, the means and methods of 
instruction adopted, the number of professors, with the 
compensation of each, and the number of students, with 
their names, ages, studies, sex, and residence, the situa- 
tion and condition of the University fund, the income 
derived therefrom, the amount of expenditures and the 
items thereof, and such other matters as such other 
board of trustees may deem proper to communicate. 

Sec. 19. An act to amend an act entitled " An act 
for the government and regulation of the State Univer- 
sity of Iowa, passed by the Board of Education, Decem- 
ber 17th, 1861," together with all other acts and parts 
of acts inconsistent with this act, are hereby repealed. 

Sec. 20. This act being deemed of immediate im- 
portance by the General Assembly, shall take eliect 
and be in force from and after its publication in the 
Iowa State liegister and Iowa Statesman. 



CHAPTEE 12. 



AN ACT to provide for a Department of Militar}^ Instruction in 
the State University 

[Passed bij the Board of Education, December ISth, 1861.] 

Military de- SECTION 1. £e U enacted bj/ tJie Board of Education 
partment of of the State of loioa^ That whenever provision shall be 
imiversity made by the General Assembly for the expenses of a 
provided for. ^^p^^^^^^^^ ^^ military instruction in the State Uni- 
versity, the trustees shall establish such department, 
and ordain laws for the regulation of the same, and on 
the nomination of the Governor of the State, shall ap- 
point the Professor thereof, and provide for the safe 
keeping of instruments, models, books, ■ arms and ac- 
coutrements belonging to said department. They may 
also require, in their discretion, that all the male stu- 
dents of the University, not conscientiously opposed to 
bearing arms, be drilled in military tactics for so many 
hours in each week, as they may deem expedient. 



SCHOOL LAwa 37 



CHAFTEE 13 



AN ACT cliangiDg the corporate name of Independent School 
District Townships. 

Section 1. Beit enacted hy the General -^ssemby q;\^^^„q ^^ 
of the State of loiva, That the corporate name of all name, 
independent school districts now, or hereafter to be 
formed, shall be " The Independent School District 

of ■ ," (adding the- name of the citj, village or 

town ^here established, as the case may be;) and all 
conveyances made to any such districts, whether de- toTJm force 
scribed by the corporate name heretofore or herein es- 
tablished, or by any other description, are hereby de- 
clared to have the same force and effect as if such con- 
veyances described the grantee therein by its technical 
corporate name. 

Approved March 16th, 1866. 



3S EXPLANATORY NOTES. 



CHAPTER 14. 

EXPLANATORY NOTES. 
{Chapter I.) 

Section 2. If the trustees do not think it necessary to divide 
the township into sub-districts, thej willgive notice for the meet- 
ing at some central point, for the election of three sub-directors. 
If, however, they divide the township into sub-districts, then the 
notice should be given for a meeting in each sub-district, as re- 
(juired in section eight. See also section ten, and note to same. 

Sec. 3. Under the various provisions of our law, a district 
township will rarely be left without officers. In case it should, 
the comments on section two are applicable as to notice. See sec- 
tions 23 and 75, and notes to same. 

Sec. 1-. The object of this section is to prevent the necessity of 
a special election, and any inconvenience that might arise from the 
division of civil townships. "When the time for the regular elec- 
tion arrives (first Saturday in March), the sub-directors should give 
notice in the portion of the original township which retains the 
corporate name, for the election of their successors, as required in 
section eight ; and the township trustees should give similar 
notice, as provided in section two. The sub-district meetings in 
the new township \\\\\ organize by the appointment of a chairman 
and secretary, as provided in section nine. The secretar}^ should 
be particularly careful to make a correct record of the proceedings 
of this fA'mary meeting. The newly elected Boards of Directors 
will enter upon their duties on the third Monday in March follow- 
ing, and should then proceed to divide the property. By the term 
assets^ I understand all property and moneys then belonging to, 
and due the district ; and by lictbilities, all debts for which the dis- 
trict in its corporate capacity is liable. If deemed best, the old 
district may be permitted to retain the assets and settle the liabili- 
ties ; or each district may take its proportion of the assets, and as- 
sume its proportion of the liabilities. Any equitable arrangement 
that will be mutually satisfactory to the parties in interest, will be 
in accordance with the intent of the law. Any agreement that is 



EXPLANATORY NOTES. g9 

entered into should be reduced to writing, and recorded in the 
records of each of the districts interested. 

Sec. 5. The corporate name, designated in this section, applies 
to both district townships and independent districts. This may 
occasion some inconvenience where the village and township have 
the same name, because in such case the corporate name of the 
two districts would be the same. In all ordinary transactions, such 
as notices for meetings and elections, this may be obviated by pre- 
fixing in the one case the word Indejoendent. For instance : The 
District towjiship of Center, and the Independent District town- 
ship of Center. But in all suits, conveyances, and contracts, the 
corporate name should be strictly adhered to, in which case one 
district may be distinguished from the other by referring to the 
section under which it is formed. 

Sec. 6. The district townships are authorized to hold only one 
meeting in each year, and this one cannot be adjourned over to 
another day. There is no provision for a special meeting. 

Sec. 7. The district township meeting may delegate any of the 
powers it possesses to the board of directors, except the power to 
vote a tax, which cannot be delegated ; and in order to be valid, 
the tax must be voted on the day fixed by law for the meeting. 
The meeting cannot vote a tax for any other purpose than the ob- 
jects enumerated in the fifth specification of this section and in 
section 79. 

Sec. 8, A sub-district is not a body corporate, and therefore 
possesses no powers except those conferred by this section, and 
section 16. The notice should be promptly given by the sub- 
director, or secretary, as the case may be ; but a failure to give 
legal notice of a sub-district meeting, or district township meeting, 
or to give any notice at all, will not vitiate au}^ of the proceedings 
of the meeting, if in other respects they are conducted according to 
law. The law fixes the time for the meeting, and hence the notice, 
though important, is simply directory, and is therefore not essential. 
The willful neglect, however, of the proper officer to give the 
notice, as required by law, would be a direct violation of his 
official oath. See section 81, and note on same. 

Sec. 10. This section is based, very correctly too, upon the as- 
sumption that the board of directors of a district township should 
never consist of less than three members. The sub-director from 



40 EXPLANATORY NOTES. 

the district at large should be voted for at the respective sub-district 
meetings. To avoid confusion, the tickets should specii'y— -for sub- 
director, A. B.; for siib-director at large, C. D, 

Sec. 11. The sub-director is required to qualify within ten days 
after his election, but he does not enter upon his duties until the 
third Monday in March following, as provided in section 19. The 
oath must be taken before some officer having general authority to 
administer oaths — as judges and clerks of the supreme and dis- 
trict courts, county judges, justices of the peace, and notaries 
public. It cannot be taken before the township clerk or trustees, 
as they only have authority to administer oaths in sj)ecial cases. 

Sec. 12. The requirements of this section are imperative — a 
school shall he taugld in each sub-district, but if the county super- 
intendent is fully satisfied, after a careful investigation of the facts, 
that it is utterly impracticable to have a school, he may release the 
board of directors from their obligation to establish one. If the 
8ub-district is large, the board of directors may establish such num- 
ber of schools, in different localities, as they may consider necessary 
for the accommodation of the children. Under this section, the 
board of directors have power to provide for a longer period of 
school than twenty-four wx^eks, and this increase of time must apply 
alike to all of the sub-districts, except in cases where a sub-district 
makes provision for further increase of time, as contemplated in 
section 31. See section 21. 

Sec. 13. This section is designed for the relief of persons resi- 
ding near township lines, and too remote from the school-house in 
the sub-district in which they reside to be accommodated. Fam- 
ilies frequently reside within half a mile of a school in an adjoin- 
ing district township, when the nearest school in the district town- 
ship in which they reside may be five miles distant. The design 
ot the law is to give every family, regardless of locality, equal ad- 
vantages, as far as possible. This is right ; for the burden of sus- 
taining the school falls equally on all, in proportion to the amount 
of property they own, whether near or remote from the school 
house. The application must first be made to Ijoth boards of direc- 
tors, and in case they refuse to make any joint arrangement, then 
it may be made to the board of directors of the district township 
in which the school to wdiich the applicant desires to send his chil- 



EXPLANATORY NOTES. 41 

dren, is situated. To ascertain the average tuition jper week., see 
note appended to Form Ko. 15. 

Sec. 14. The object of this section is to protect the rights of 
the pupil, and at the same time prevent abuses of the privileges 
conferred. The residence of the pii^il, and not of the parent, de- 
termines his right to attend school. The parent, for example, may 
reside in one district and the child be an apprentice in another. 
In such case he must be permitted to attend school in the district 
in which he resides. But if the parent sends him into another dis- 
trict to remain for a limited period, and perhaps for the ostensible 
purpose of attending a better school, it is an evasion of the law ; 
and in such case he can only attend on such terms as may be pre- 
scribed by the board of directors. 

Sec. 16 and 1Y. These sections embrace the only radical 
changes made by the enactment of the present law. They confer 
authority upon a sub-district, in an indirect manner, or upon a cer- 
tain contingency, to vote a tax for school-house fund ; but do not 
deprive the district township of the ])rior right to vote such tax. 
They simply place it beyond the power of the district township to 
defeat the sub-district in making the necessary provision for the 
construction of a school-house. The sub-district votes such amount 
as may be deemed necessary for the construction of a house suited 
to its wants, which is certified to the district township meeting held 
the week following. The district township meeting may vote the 
amount certified, or a less sum, provided such less sum shall be 
adequate for the construction of a suitable house ; and the sum so 
voted will fulfill the requirements of the law, and be substituted 
for the amount voted by the sub-district. For instance, the sub- 
district may request $1000, and the district township may only 
vote $500 ; and if an investigation of the facts shows that the sum 
of $500 is adequate for the construction of a suitable house for the 
use of the sub-district, the law will be fally complied with, and 
$500 would be the amount to be apportioned by the board of 
directors. But if the district township should neglect or refuse to 
vote amj sum., then the board must apportion the amount voted by 
the sub-district. 

The tax is only to be apportioned in case the school-houses pre- 
viously erected, have been constructed by the district township — 
that is, by the sub-districts in common. To illustrate my idea of 
6 



42 EXPLANATORY NOTES. 

the true import of the term "apportion," I will suppose a district 
township, comprising five sub-districts, numbered 1, 2, 3, 4, and 5, 
and that a tax has previously been levied on the property of the 
district township for' the construction of two school-houses, one in 
number 1, and one in number 3. A tax is then voted for the con- 
struction of a house for each of the other sub-districts — say $500 
for number 2, $450 for number 4, and $475 for number 5, amount- 
ing to $1,425 ; which, for convenience, we will suppose to be three 
mills on the dollar on the property of the district township. 

The first duty, then, of the Board of Directors, in apportioning 
the tax, would be to ascertain the per centum previously levied on 
each of the sub-districts for school house fund^ which we will assume 
to be three mills on number 1, one mill and three-fourths on num- 
ber 2, two and one-half mills on number 3, and one mill each on 
numbers 4 and 5. Kow to apportion the three mills among the 
five sub-districts as "justice and equity may require," we should 
assess on number 2 one-half mill, and on numbers 4 and 5, one 
and one-fourth mills each. In case an additional tax of two mills 
and three-quarters, on the property of the district township, should 
be voted the following year, it should be apportioned as follows : 
On number 2, three-fourths of a mill; on number 3, one-half mill; 
and on numbers 4 and 5, three-fourths of a mill each. It will be 
perceived that the foregoing process would equalize the rate on 
the respective sub-districts, making it just three mills on each, and 
hence in all subsequent assessments it should be uniform, on the 
property of the district township. 

The following is a recapitulation in tabular form : 

Number of sub-district 1 2 3 4 5 

Amount previously levied 3 mills, If mills, 2+ mills, 1 mill, 1 mill. 

Three mills apportioned i " H " li " 

2f mills apportioned 'i " ^ mill, f " f " 

Total 3 mills, 3 mills, 3 mills, 3 mills, 3 mills. 

In case it has been the uniform custom for each sub-district to 
build its own house, the apportionment is dispensed with, and the 
amount is levied directly on the property of the sub-district making 
the application. Many of the townships have never complied 
with the law by which the district township system was estab- 
lished, but have continued to require each sub-district to build its 
own school-house. The present law recognizes this custom, and 



EXPLANATORY NOTES. 43 

provides for its continnance, virtually making tlie sub-districts, in 
such cases, independent, so far as the construction of school-houses 
is concerned. 

If the aggregate amount of the sums applied for exceed ten mills 
on the dollar on the property of the district township, the board of 
directors must reduce it proportionally to that rate. This may be 
done by the following rule : 

As the aggregate amount of the resj^ective sums aj)j)lied for hy 
the siib-clistricts is to either of said sums, so is the excess to the pro- 
•portionate amount to he deducted from such sum. 

Suppose the respective sums applied for to be $500, $450 and 
$350, making the aggregate amount $1300. Upon examination it 
is found that the per centum of ten mills on the dollar, on the 
property of the district township, will only give $1100, showing an 
excess of $200 to be deducted " proportionally " fi-om the respective 
sums applied for. Multiply $500, the amount applied for, by $200, 
the excess, and divide the product by $1300, the agregate amount 
and the result will be $Y6.92, the proportionate amount of the 
excess to be deducted from $500. Apply the same rule to each of 
the other amounts, and the result will be $69,23 for the former, 
and $53.85 for the latter. The respective sums, as reduced, will 
be $423.08, $380.77, and $296.15, making the aggregate $1,100. 

I have been thus minute on the points embraced in the sections 
under consideration, because they give rise to more trouble than 
any other provisions of the law, and for the additional reason that, 
in levying taxes, the law must be strictly coviplied luith. 

Sec. 18. This section very properly authorizes the board of di- 
rectors to choose their own officers. The president must in all 
cases be a member of the board. The secretary and treasurer must 
be chosen from the district at large, unless there are more than four 
sub-directors in the district, in which case they may be chosen from 
the board, or from the district at large, as may be deemed best. 
The reason for this restriction is, that the board are required to ap- 
prove the bonds of the secretary and treasurer, and to examine their 
accounts, and if selected from the board, when it consists of less 
than five members, they would virtually have the power to pass 
upon their own official acts. The board of directors continue in 
office until the regular meeting in March, at which time they should 
settle up the business of the previous year, and transfer the books 



44 EXPLANATORY NOTES. 

and papers to their successors. The new board may continue the 
secretary and treastirer in office, or elect others, as may be deemed 
best. If they are faithful and efficient officers, I should recom- 
mend that they be continued. This section is not applicable to 
indeiyendent districts, as their officers are elected by the district 
meeting. 

Sec. 19. The regular meeting of the board of directors has 
been changed to the third Monday in March, in order to give the 
new board the opportunity to make contracts and an-angements for 
carrying on the summer schools. The board can ascertain the per 
centum of tax necessary for teachers' fund by making the last semi- 
annual apportionment a basis for their estimate. 

Sec. 20. The sub-director was formerly authorized to make 
contracts for the construction of school-houses. This power is now 
vested in the board of directors. But the sub-director may be au- 
thorized to make the contract conditionally, and then submit it to 
them for their approval, at a regular or special meeting. And 
here I would add that any duty imposed upon the board as a hody 
must be performed at a regular or special meeting, and made a 
matter of record. The consent of the board to any particular 
measure, obtained of individual members when not in session, is 
not binding. 

Sec. 21. The power to locate sites for school houses is vested 
in the board of directors. This authority should be exercised with 
great care, and without prejudice ; and the wishes of the people, 
for whom the house is designed, should be consulted as far as prac- 
ticable. A little rashness and indiscretion in the discharge of this 
duty, may give rise to interminable strife. [See answer to ques- 
tion 44.] 

Sec. 23. A vacancy can only be created by a failure to qualify, 
death, remaval from the district or the sub-district, or resignation. 
The law makes provision for all other contingencies. For instance, 
a failure to elect does not create a vacancy ; for the officer is con- 
tinued in office ''until his successor is elected and qualified." See 
section T5, and note on same. Neither does a change in the boun- 
daries of sub-districts create a vacancy ; for the change does not 
take effect until the next sub-district election after it is made. 
If a sub-district should be divided, so as to form a new one, the 
sub-director would continue to act, as though no change had been 



EXPLANATORY NOTES. 45 

made^ until the expiration of his official terra. See section 29, and 
note on same. 

Sec. 26. The requirements of this section are imperative and 
comprehensive. " They shall audit and allow all just claims 
against the district." All demands, whether by contract or oth- 
erwise, must be approved by the board of directors, before an order 
can be drawn on the district treasury for them ; and no officer 
can draw an order on the treasury, unless he is authorized to do 
so by a vote of the board, at a regular or special meeting. It is 
the duy of the board to examine all contracts for the employment 
of teachers, and the construction of school-houses, or for any other 
purpose, and to see that the stipulations have been complied with, 
before they authorize the payment of the money. 

Sec. 28. It is very important that the secretary should file the 
certificate with the county officers named — otherwise, the mon- 
eys belonging to the district may be improperly paid to persons 
not authorized to receive them. This duty should be performed 
by the secretary immediately after his election and qualification ; 
and whenever a change is made, the county officers should be noti- 
fied of the fact without delay. See note to section 78. 

Sec. 29. The duties prescribed in this section are exceedingly 
important. It is not designed that the plat should be an expen- 
sive one, or that it should be projected with mathematical exact- 
ness. Any person who is competent to perform the duties of sec- 
retary, can procure the paper (common drawing paper) and make 
one that will subserve all practical purposes. The record, describ- 
ing the sections and parts of sections of which each sub-district is 
composed, is the most essential thing. See form I^o. 8. 

The design of the law is that all alterations should be made be- 
tween the third Monday in September, and the first Saturday in 
March. At any time within the limits named a new sub-district 
may be formed, or the boundaries of an old one changed, or the 
entire township re-districted ; but such alterations will not take 
effect until the first Saturday in March immediately following. 
This is to prevent any confusion that might arise in regard to the 
establishment of schools. On the first Saturday in March, the re- 
spective subdistrict meetings will be held in conformity with the 
changes that have been made — that is, a meeting will be held in . 
each new sub-district that may have been formed, and in each old 



46 



EXPLANATORY NOTES. 



sub-district in accordance with its newly prescribed limits. It re- 
quires a vote of a majority of all the members of the board of di- 
rectors to make any changes in the boundaries of sub-districts. 
See section 34. 

Sec. 30. See note on Sections IG and 17. 

Sec. 31. The Board of Directors possess the exclusive author- 
ity to levy a tax for the objects specified in this section, and it is 
their imperative duty to levy such tax. This power should be ex- 
ercised with prudence, and any profligacy or extravagance in the 
matter, would be a palpable violation of their official oath. They 
are only to levy such per centum as in their unbiased judgment 
^^shall he necessary^'''' or which '•'■may be required.'''' In determining 
the amount they should be governed by the sum received by the 
district from the September apportionment, the amount which pro- 
bably will be received from the April apportionment, and the 
amount of district tax previously levied for the same objects and 
remaining unpaid. This last item they will get from the county 
treasurer. 

Sec. 32. These rules should be carefully prepared and adopted 
by the board of directors, and recorded with their proceedings, and 
each sub-director should be furnished with a copy. The sub- 
director is clothed with certain general powers by Section 48, but 
the board may restrict him — for example, as to the weekly or 
monthly compensation of teachers ; when he shall employ a 
teacher, and for what time ; the extent of repairs, and prices paid 
for same ; and the amount and cost of fuel. The board should 
regulate the compensation of teachers, allowing such wages as the 
wants of each sub-district may require. True economy in the ex- 
penditure of .the public money should always be consulted. See 
Sections 43, 44 and 48, and notes on same. 

Sec. 33. This section is designed for the relief of districts which 
have contracted debts for the erection of school-houses. It only 
applies to the school-house fund, and to liabilities contracted prior 
to the passage of this Act — April 8th, 1862. It is entirely 
optional, both with the board of directors and holder of the order. 
It is the only instance in which the board of directors are author- 
ized to levy a tax for school house fund. 

Sec. 37. It is very essential that the record of the proceed- 
ings of the board and district meetings should be properly kept. 



EXPLANATORY NOTES. 47 

Every transaction should be carefully noted, and the proceedings 
should be read at the close of the meeting, and approved by a vote. 
The registry of orders is also a very important matter. Every 
order drawn should be promptly reported to the district treasurer, 
as he has no other means of determining the amount of outstand- 
ing orders, and hence cannot comply with the law requiring him 
to make partial payments. See section 56 and note on same, and 
form No. 12. 

Sec. 38. See sections 8 and 81, and notes on same. 

Sec. 41. The secretary should record the report, required by 
this section, in the district records. The respective items may be 
entered in any form that may be most convenient— that is, it is not 
necessary to observe the printed form furnished by the Superin- 
tendent of Public Instruction. If a copy of the report is simply 
filed in his office, it is liable to be destroyed or mislaid, which may 
prove detrimental to the interest of the district. See forms num- 
ber 15 and 25, and notes appended. 

Sec. 43. The language of this section is very explicit. It 
makes the treasurer the custodian of all moneys belonging to the 
district, which eifectually precludes the idea of dividing the money 
belonging to any particular fand among the sub-districts. He can 
only pay it out on the order of the president, countersigned by the 
secretary, and the president can draw no order unless he is author- 
ized to do so by the board of directors. See section 26, and note 
on same, and also note on section 56. 

Sec. 44. The impression seems to be very general that the 
teachers' fund is to be divided among the sub-districts, in propor- 
tion to the number of children. The law does not contemplate 
any such thing. All money belonging to this fund, whether de- 
rived from the semi-annual apportionments or district school tax 
(the tax levied by the board of directors, as provided in Sec 31,) 
should be paid into the district treasury, as the common property 
of, the district township^ and it can only be paid out upon an order 
authorized by the board of directors, and signed by the president, 
and countersigned by the secretary. The sub-director employs 
the teacher, under such restrictions as the board of directors may 
prescribe ; and when the board is satisfied that the terms of the 
contract have been complied with, it is their duty to audit and al- 
low the teachers' claim for compensation, and to pay him by an or- 



48 EXPLANATORY NOTES. 

der on the treasurer of the district township. Hence a sub-district 
with twenty children may possibly receive as much money as one 
with forty children ; for it will cost about as much to establish a 
school in the one as in the other. In this way, eacli sub-distriot 
will receive whatever sum may he required toj^yay the compensation 
of the teacher^ as fixed hy the contract made hy the sub-director and 
the law does not design that any other disposition, or division^ if 
you prefer the term, of the money should be made. Some districts 
divide the money equally among the sub-districts, and others ac- 
cording to the nujnher of children. Both these methods are unjust 
and illegal. The law contemplates a medium between the two. 
The board of directors should fix the compensation of teachers in 
each sub-district, allowing such wages as may be justified by the 
peculiar circumstances and wants of each. In some sub-districts 
two teachers may be required, or one teacher and an assistant ; in 
some, a first-class teacher may be needed, while in others, where 
the children are small, a teacher whose services may be procured 
for a less compensation may perform successfully all the duties re- 
quired. The design of the law is to famish, as far as possible, 
equal educational advantages to all the children of the district town- 
ship. All these matters are to be determined by the board upon 
the principles of equity and true economy. See Section 43, and 
note on same. 

Sec. 46. The register provided for in this section is indispensa- 
ble to the treasurer, under the law requiring him to make partial 
payments on orders, when he has not funds sufficient to pay 
them in full. It is essential that he should know the exact amount 
of outstanding orders, and for this reason the secretary is required 
to report to him all orders drawn on the district treasury. See 
section 37, and note on same, and form number 12, and note ap- 
pended. 

Sec. 4S. See sections 32, 43 and 44, and notes on same. 

Sec. 50. The failure of the sub-directors to make their reports, 
as required by this section, will deprive the district township of 
its proportion of school money. 

Sec. 55. This section provides that the public money shall be 
apportioned semi-annually, which is a new feature in the law. This 
will render it necessary for county treasurers to press the collection 
of delinquent county school tax, and the interest on the, school 



EXPLANATORY NOTES. 49 

fund. "We have no right to show any leniency in the collection of 
the interest. The law requires that it shall be paid annually on 
the first day of January; but for a series of years past, less than 
one-third of the amount due has so been paid, and hence we have 
been compelled to make up the deficiency by taxation. If our 
people wish to rid themselves of the burden of taxation for school 
purposes, they can do so by enforcing the collection of the interest 
on the school fund. 

Sec. 56. This section requires the district secretary to keep an 
account current with the district treasurer. This account should 
be carefully compared with a similar one kept by the treasurer, at 
the regular meeting of the board of directors on the third Monday 
in March. It will also constitute part of the report to the district 
meeting, as provided in section 25. 

Sec. 57. It is important that the certificate referred to should 
be promptly forwarded to the Superintendent of Public Instruction. 
Otherwise, the interests of the county may suffer by the transaction 
of business with persons not duly authorized to act. The certifi- 
cate should in all cases include the qualification as well as the elec- 
tion or appointment of the county superintendent ; for although 
he may be properly elected or appointed, yet he cannot be recog- 
nized until it is known that he has taken the necessary oath of 
office. Whenever any change is made by resignation or other- 
wise, a certificate of the appointment of a successor should be for- 
warded immediately. 

Sec. 58. On the first Monday in April the treasurer is to pay 
over all of the district tax then in his hands, and is to render at 
the same time a statement of the amount uncollected. Tlie amount 
subsequently collected, he is to pay over quarterly^ but the state- 
ment is only to be rendered annually. 

Sec. 61. The secretary of the district should refuse to sign an 
order for teachers' wages, until the register is filed in his office as 
required by this section. 

Seo. 63. The person appointed to fill a vacancy will continue 
in office until the close of the offioial term for which his predecessor 
was elected., notwithstanding a general election may intervene be- 
tween the time of his appointment and the expiration of such 
official term. Appointments generally hold until the next general 
7 



50 EXPLANATORY NOTES. 

election after thej are made, but the county superintendency is an 
exception. 

Sec. YO. There is one item in the report of the county super- 
intendent, which it is very important should be correctly given, 
namely: the "amount of annual apportionment received from the 
county treasury." I find that this item as reported by the respec- 
tive secretaries is not very reliable. I would therefore suggest 
that the superintendent compare their reports with the books of 
the clerk of the board of supervisors. What is wanted, is the 
exact amount apportioned to each district township on the first 
Monday in April and fourth Monday in September. The two ap- 
portionments, both being for the same year, should be added to- 
gether, and reported as one amount. For instance, the district 
receives $154.63 in April, and $146.14 in September, making 
$300.77 the sum to be reported under the head above referred to. 

Sec. 73. It may not be practicable in some counties for the 
superintendent to visit every school each term. After visiting 
them once and there is not time to visit them all again, he should 
determine where his visits will probably do the most good, and 
divide his time accordingly. 

Sec. 75. The design of this section is to prevent, as far as pos- 
sible, the inconveniences that may arise from leaving a district 
without oSicers. It is frequently the case from negligence or some 
other trivial cause that no election is held at the time prescribed by 
law. In such instances the sub-director, or a member of the board 
of directors in independent districts, then in ofiice, will hold over 
for the ensuing year, or for a series of years if his successor is not 
sooner elected ; but before entering upon the duties of the new 
year, on the third Monday in March following, they should qualify 
anew. The section is applicable to all school ofiicers, including 
county superintendent. 

Sec. 76. See note to section 11. 

Sec. 78. The design of the present law is to make each civil 
township a school district. The provisions of this section, and 
those under the head of independent school districts, together 
with the second proviso of section 29 form the only exceptions to 
the general rule. There is no provision for the formation of a 
district from parts of two or more civil townships, except in the 
cases above referred to. The section under consideration is de- 



EXPLANATORY NOTES. 51 

signed simply for the protection of districts that were formed under 
the laws in force prior to the 12th of March, 1858. It has given 
rise to a good deal of controversy, from the fact that it has been 
exceedingly difficult to establish an equitable basis for the protec- 
tion of the various interests involved. Formerly it could not be 
altered, except by the concurrence of the respective boards of 
directors ; but under the present law there are three other con- 
ditions upon which it may be rendered nugatory, namely : by the 
removal of the school-house ; the written application of two-thirds 
of the electors residing upon territory within the township in 
which the school-house is not situated, or when said territory is 
uninhabited. 

It also provides for the refunding of taxes levied for the con- 
struction of a school-house at any other than the original site. 
This requirement is just ; for the particular location of the house, 
was the sole reason for continuing the district as originally formed. 
Hence the abandonment of the old site and the selection of a new 
one, being a violation of the leading condition upon which the 
existence of the district is perpetuated, should release all persons 
from the payment of a tax for the erection of the new house, who 
can be better and more naturally provided for in the township in 
which they reside. 

In districts formed of parts of two or more counties^ the secretary 
should report the number of children and per centum of taxes le- 
vied in the respective counties, to the proper officers of each county, 
and the treasurer will receive all moneys accuring to the district 
from each county ; and in all such cases the secretary should cer- 
tify the names of the district officers to the county officers of each 
county. See sec. 28, and note to same. 

Sec. 81. It is frequently the case that a few designing persons 
meet at an unusual hour, organize, and hurry through the business 
of the meeting before many of the electors arrive, thus defeating 
the honest intentions of the people in the election of officers, and 
the transaction of other business. The object of this section is to 
prevent any such procedure, and afford an opportunity for a fair 
expression of sentiment upon all questions that may properly come 
before the meeting. In district townships and sub-districts the 
meeting cannot assemble earlier than 9 o'clock A. M., nor adjourn 
before 12 o'clock M. ; but it may assemble at 10 o'clock A. M., 



5 2 EXPLANATORY NOTES. 

and, if necessary, continue in session the remainder of the day. 
But in independent districts, composed chiefly of large towns and 
cities, and soinetimes containing a population equal to the remain- 
der of the county, the polls are to remain open from 9 o'clock A. 
M., to 4 o'clock P. M, The ordinary business of the district, how- 
ever, such as receiving the annual report of the board of directors, 
may be disposed of at an earlier hour. The notice must in all 
cases state the hour of meeting. See sec. 8, and note on same. 

Sec. 82. See sections 4243, 4244, 4253 and 4265, and other 
provisions of PART FOURTH, TITLE XXIII, of the Revision 
of 1860. 

Sec. 84. The city or town, without the contiguous territory, 
must contain 200 inhabitants. [The 'word town as here used, 
means a surveyed village whose plat is recorded.] 

Sec. 85. The power to prescribe the limits of the proposed dis- 
trict is vested in the township trustees. Tlie district must embrace 
all of the town^ and so much of the contiguous territory as the 
trustees may think proper. It may include what was formerly a 
sub-district, or less, or more, as may be deemed proper. The 
trustees should consult the convenience of families adjacent to the 
town, and should endeavor to form tne district for the mutual ac- 
commodation of both town and country. The name of the town 
will become the corporate name of the district. See sec. 5, and 
note to same. The notice should state the boundaries of the newly- 
formed district. 

Sec. 86. This section provides simply for the primary meet- 
ing, for the purpose of organizing the district. At such meeting 
the full quota of directors (three) must be elected, and then classi- 
fied ; so that at all subsequent elections it will only be necessary to 
elect one, who will in all cases hold for three years. Under this 
regulation there will always be two directors in office, with one or 
two years' experience in the transaction of the business of the dis- 
trict. The organization may take place on the day fixed for the 
annual meeting of the independent districts, the second Saturday 
in March. If so, the directors will hold for one, two and three 
years, and the other oflicers for one year. If it should take place 
at any other time, one director will hold for one year, and the frac- 
tion of the year intervening between the organization and the next 
reo"ular meeting, one for two years and the fraction, and one for 



EXPLANATOKY NOTES. 53 

three years and the fraction, and the other officers simply for the 
fraction of the year. All the notices and proceedings connected 
with the organization of the district, should be recorded by the 
secretary after he enters upon his duties, in the records of the dis- 
trict, so that the facts concerning its formation and organization 
may be readily obtained, in case the validity of the proceedings 
should ever be questioned. The law doss not interfere with inde- 
pendent districts organized under " An act to confer certain pow- 
ers on towns and cities for school purposes," passed December 24, 
1858, and the amendment to the same, approved February 26th, 
1860 ; but recognizes and perpetuates them. 

Sec. 90. In case the district should fail to. elect officers at the 
annual meeting, as required in this section, the president, vice- 
president, secretary, and treasurer, and the director whose official 
.term expires, will hold over until the next annual meeting, at which 
time it would be necessary to elect the four officers first named, 
and two directors, one for the unexpired term of two years, and one 
for the regular term of three years. The hoard of directors^ of an 
independent district, possess the same general powers that are 
conferred on boards of directors of district townships, and is com- 
posed of the four officers designated and the three directors. The 
newly-elected members will enter upon their duties at the regular 
meeting in March immediately after their election. See notes to 
sections 6, 8, 18, and 20, and also sections 23, 75, and 81, and notes 
to same. 

{Chapter 4.) 

The inquiry is frequently made whether the teacher is to receive 
pay from the district for the week spent in the Institute. "We have 
uniformly answered in the affirmative. It would be unjust to re- 
quire the teacher to give his time, and frequently quite a sum of 
money to defray his expenses in attending the' Institute, and all for 
the benefit of the people where he teaches. We trust the benefits 
of Teachers' Institutes will become so manifest that directors will 
not onl}^ be willing to pay teachers while attending them, but will 
attend themselves. [See opinion of Attorney General, School 
Journal, June, 1865.] 

{Chapter 5.) 

At the time this law was enacted there were two Educational 



54 EXPLANA.TORY NOTES. 

Journals published in the State: The Iowa Instructor^ under the 
auspices of the State Teachers' Association, and the School Journal^ 
by Messrs. Mills & Co. The two are now united, and published 
under the nance of " The Iowa Instructor and School Journal^^ 
and edited by the executive committee of the State Teachers' Asso- 
ciation, and the Superintendent of Public Instruction. 

The State provides for sending a copy of this Journal to each 
county superintendent. Each board of directors should provide, 
out of the '"'• Contingent fund^'' for having a copy sent to their 
Secretary. 

{Chapter 6.) 

The State Board ot Examiners was organized in June, 1862, 
and the following general plan for tlie annual July examination 
was adopted : 

I. The examination to be a written one. 

II. The course of study in the Normal Department of the State 
University (which by law is made the standard of qnalitication) to 
be arranged in six divisions, as follows : 

1. Arithmetic, Algebra, and four books of Geometry. 

2. Reading, Grammar, Rhetoric, and English Literature. 

3. Descriptive, Mathematical, and Physical Geography, Botany 
and Geology. 

■i. Physiology, Natural Philosophy, and Chemistry, or advanced 
Geometry. 

5. Ancient and Modern History, Intellectual and Moral Phi- 
losophy. 

6. Theory and Practice of Teaching, Constitution of the United 
States, and School System of Iowa. 

III. A series of about twenty (20) questions to be prepared for 
each division ; each question to have a specific value attached, and 
the sum of the values in each series to be pne hundred (100.) 

IV. No person to receive a certificate from the board unless the 
sum of his answers in each and every series equals at least fifty 
(50), and the average sum in all the series at least seventy-five (75). 

Y. The names of the candidates not to appear upon their pa- 
pers, but to be inclosed in separate sealed envelopes, which shall 
not be opened until the papers have been examined by the board 
and their merits decided upon. 

VI. Each candidate to present from the county superintendent 



EXPLANATORY NOTES. 55 

of the county in which he resides, a certificate of good moral char- 
acter. 

The certificate granted by the board is perpetual, unless revoked 
by said board, and authorizes its recipient to teach in any of the 
public schools of the State without further evidence of qualifica- 
tion. ]^o charge is made for certificate granted. 

{Chapter 9.] 

I.— JURISDICTION. 

" Section 1. Be it enacted hy the Board of Education of the 
State of loioa, That any person aggrieved by any decision or order 
of the district board of directors, in matter of law or fact, may 
within thirty days after the rendition of such decision, or the 
making of such order, appeal therefrom to the county superintend- 
ent of the proper county." 

Sec. 8. lN"othin2: in this act shall be so construed as to authorize 
either the county superintendent or the Superintendent of Public 
Instruction to render a judgment for money. * * * " 

Not every one, it will be observed, has the right to appeal. A 
stranger, a party without 'interest in the action of the district 
board, has no right to interfere in the matter. The person appeal- 
ing must be " aggrieved ;" that is, he must have an interest in the 
decision complained of, and that interest must be injuriously af- 
fected by it. 

In regard to the subject matter of appeal. Any person ag- 
grieved by any decision or order, " in any matter of law or fact," 
may appeal. Are the words, "in any matter of law or fact," to be 
regarded as words of limitation ? The subjects of the action of a 
district board may be divided into two classes. In the one class 
its decisions afifect the legal rights of bodies or parties, and in these 
cases a board has no more discretion than a court ; it is bound to 
make a decision in accordance with the laws of the land. In tho 
other class the board acts as a local legislature, and its action is 
discretionary. Can an appeal be taken from the action of the dis- 
trict boards on the latter class of subjects ? 

The law, too, provides that the county superintendents and the 
Superintendent of Public Instruction, shall have no authority to 
render judgments for money. Suppose a claim for money should 



56 EXPLANATORY NOTES. 

be disallowed by a district board, and the claimant should appeal, 
and the superintendent should decide in favor of the claim. Would 
such a decision have the eflect of an allowance of the claim by the 
district board ? If so, would it not be the nature of, and equiva- 
lent to, a judgment ? On the other hand, if it should not have 
this effect, would not an appeal be entirely nugatory ? 

In many instances a money demand may be made in order to 
bring up for decision some question on which the success of the 
money demand turns. Perhaps a dispute has arisen between two 
districts about district boundaries, or district organization, or dis- 
trict jurisdiction — questions eminently proper for decision by the 
appellate tribunals, and in order to bring up these questions, a de- 
mand is made perhaps by one district against the other for taxes 
collected or received. In such a case, money, as a matter of form, 
would be the immediate object of the proceeding, but it is to the 
other questions involved that the interest of the parties attaches. 
In such cases, is it the duty of the appellate tribunals to entertain 
the appeal and render decisions on the real questions involved? 

It would be manifestly improper to undertake a decision of ques-, 
tions of this character in advance and without hearing. We sug- 
gest them because they are of great importance, and must sooner or 
later come up for adjudication ; and it is desirable that they should 
received due consideration from those interested in order that a sat- 
isfactory decision may be reached. Our principal object now is to 
indicate the practice which should be followed in prosecuting these 
appeals, avoiding the expression of any opinion on doubtful ques- 
tions whenever we can consistently do so. 

11— THE AFFIDAVIT. 

" Section 2. The basis of the proceeding shall be an affidavit, 
filed by the party aggrieved with the county Superintendent, with- 
in the time allowed for taking the appeal. 

" Sec. 3. The affidavit shall set forth the errors complained of 
in a plain and concise manner." 

This affidavit initiates the appeal. The date of filing should be 
endorsed by the superintendent. This paper having been pre- 
sented, the appeal, so far as it depends upon the appellant, is com- 
plete. But the party appealing must be " aggrieved," and the ap- 
peal must be taken within thirty days. If the party appealing is 



EXPLANATORY NOTES. 57 

not " aggrieved," or if the appeal is not taken within thirty days, 
there is no legal appeal, and the county superintendent has no ju- 
risdiction. Clearly these facts must be made to appear before the 
Superintendent, or he has no authority to stir a ste]) in the prem- 
ises. How are they to be made to appear ? 

The statute provides that the affidavit shall be the basis of the 
proceeding. It is the only document required to be officially be- 
fore the superintendent when he grants the appeal by issuing no- 
tice. It is plain, therefore, that this affidavit must contain a 
showing of the facts necessary to confer jurisdiction. 

But how can the superintendent determine whether the appel- 
lant has been " aggrieved," unless he has at least a general idea of 
the decision, and of its effect upon the party complaining ? How 
can he notify the secretary of the district board to send up the 
record, unless the decision is described and identified ? How can 
he determine that the appeal has been taken within thirty days, 
unless he is informed of the date of the decision ? These things 
must also be shown by the affidavit. And it will not do for affiant 
to merely state in general terms that he is "aggrieved," that the 
appeal has been taken within thirty days, &c. ; he must state the 
particular facts from which these conclusion may appear. 

The affidavit should show, first, a statement in a general way of 
the decision complained of, and its date ; second, a statement of 
the facts showing that the appellant has an interest in the decision 
and is injuriously affected by it ; third, the assignment of errors. 

This affidavit being the first paper filed, care should be taken 
that the case therein be properly entitled ; and the title then be- 
stowed should be preserved throughout the further progress of the 
appeal. 

Ill— NOTICE TO DISTRICT SECRETARY. 

The first part of Section 4 is as follows : 

" Section 4. The county superintendent shall, within five days 
after the filing of such affidavit in his office, notify the secretary of 
the proper district, in writing, of the taking of such appeal." 

it becomes the duty of the district secretary, as will appear 

hereafter, on receiving this notice, to return to the superintendent 

a transcript of the record and proceedings of the district board 

within ten davs. The notice should therefore describe the decision 

8 



58 EXPLANATORY NOTES. 

or order appealed from, so that it may be identified, and should 
require the district secretary to file the transcript with the super- 
intendent within the time limited. 

How is this notice to be served ? Personal service is of course 
the most satisfactory, and should be had when practicable. It can 
hardly have been contemplated, however, that the superintendent 
should travel all over the county, serving notices. The statute, as 
will appear hereafter, makes provision for the payment of postage 
by the appellant, but for no other expenses. It will often, if not 
ordinarily, be the case that the notices required under the statute 
we are considering, will have to be served by being sent through 
the post-office to the proper address. 

The district secretary on receiving the notice, should endorse 
the date of its receipt, and should return it with the transcript to 
the superintendent. 

IV.— TRANSCRIPT FROM DISTRICT SECRETARY. 

The latter part of Section 4 reads as follows : 

" Sec. 4. * * * * And the latter (the district secretary) 
shall, within ten days after being thus notified, file in the office of 
the county superintendent, a complete transcript of the record 
and proceedings relating to the decision complained of, which 
transcript shall be certified to be correct by the secretary." 

What are the "'record and proceedings " referred to ? Of course 
minutes of the proceedings of the district board by the district 
secretary, are of the record. But this is not all. The petitions, 
remonstrances, plats and other papers filed with the secretary, and 
relating to business before the board, are as much a part of the 
record as the record entries. It is the duty of the district secretary 
to send up a transcript not only of all his minutes that relate to 
the matter appealed from, but also, of all petitions, remonstrances 
and other papers relating to the same matter. 

It should be borne in mind that the statute requires the district 
secretary to send up a transcript, not the originals. It is the duty 
of the secretary to keep in his own office all papers originally filed 
with him. He should send a copy of these only to the superinten- 
dent. 

Cases have been appealed to the county superintendent, tried 
before him and appealed to the Superintendent of Public Instruc- 



EXPLANATORY NOTES. 59 

tion, in which the only evidence of the original decision appealed 
from was a letter, signed bj the district secretary, asserting that 
such a decision was made. This practice is manifestly not what 
the law contemplates, and is not to be tolerated. The district 
township is a municipal corporation, acting by a board of directors. 
This board has a president to preside over its meetings and a secre- 
tary to record its proceedings. In the case of this corporation, as 
of any other, it is the minutes of the proceedings of the board kept 
by its secretary, that show its official acts ; and it is a certified 
transcript from these minutes, which brings oflicially before the 
superintendent the decision complained of. Until he has received 
such a transcript, the superintendent has nothing before him to 
either reverse or affirm. A letter from the district secretary is of 
no more authority than a letter from any other person. And where 
merely a letter is sent up, the superintendent should refuse to act 
on it, and should notify the secretary to send up such a transcript 
as the law requires, and should refuse to proceed with the appeal 
till he gets it. 

This section requires the district secretary to file the transcript 
in the ofiice of the superintendent. A subsequent section, about 
postage, reads as though postage on this transcript must be the 
principal thing referred to. It would manifestly be a great hardship 
to require the secretary in all cases to go to the superintendent's 
ofiice within five days and file the transcript. It will probably be 
suflicient to mail it to the superintendent's address. 

V— NOTICE OF HEARING. 

" Sec. 6. After the filing of the transcript aforesaid in his office, 
he shall notify in writing, all persons adversely interested, of the 
time and place, when the matter of appeal will be heard by him." 

Who are the " persons adversely interested," and therefore en- 
titled to notice, may sometimes present a question of no small dif- 
ficulty. If the transcript discloses petitions and remonstrances in 
regard to the decision appealed from, and the appeal is by one of 
these parties, it will ordinarily be suflicient to give notice to the 
opposing parties as shown by the transcript. 

The practice seems to prevail to some extent, of giving the no- 
tice now under discussion to the board alone from which the ap- 
peal comes. The district board is a tribunal appointed by law for 



60 EXPLANATORY NOTES. 

the determination of certain questions coming before it ; and it 
can not be supposed, that this board has always a legal interest in 
the consecjuences of its own decisions, or that it is required as ap- 
pellee to sustain its own decisions on appeal in the higher tribu- 
nals. Still, as in most litigated questions, the decision of the board 
itself is by major vote, and the appeal is by the minority against 
the majority, it is certainly well to send this notice to the board, 
as it will thereby be likely to reach those interested in sustaining 
the decision rendered. But it should be borne in mind that no- 
tice to the board alone, is not ordinarily a full compliance with the 
law. 

It is impossible, if it were even desirable, to state in advance, 
any rule for determining in all cases who are the " persons adverse- 
ly interested." The superintendent must determine this question 
from the circumstances of each case before him. This, however, 
should be borne in mind : In all appeal sases there are two oppo- 
sing parties, and the law contemplates that both these parties shall 
be represented at the trial, or at least have the opportunity to appear. 
The utmost care should be taken that the proceedings be not ex- 
jparte. 

Should not notice of the time and place of hearing also be given 
to the appellant ? Is he required, at his peril, to know when the 
transcript is sent up, and when and where the trial shall take place? 
It is plain that such a rule might often work delay, hardship, and 
injustice. 

]!!!Totice should, therefore, be given to the appellant, to all persons 
interested, and to the secretary of the board from which the appeal 
is taken. It should be personally served when practicable, and 
when this cannot be done, the superintendent should ascertain the 
address of the several parties, and mail notices to them accordingly. 

VI.— TRIAL BEFORE THE COUNTY SUPERINTENDENT. 

'' Sec. 6. At the time fixed for hearing, he (the county super- 
intendent) shall hear testimony for either party, and for that pur- 
pose may administer oaths, if necessary, and he shall make such 
decision as may be just and equitable, which shall be final, unless 
appealed from as hereinafter provided." 

This is the only provision of law relating to practice in the trial 
of appeal cases before the county superintendent. It is manifestly 



EXPLANATORY NOTES. ^ Q I 

very defective ; and still it is not difficult, perhaps, without stretch- 
ing our inferences and implications too far, to determine with suffi- 
cient accuracy what are his duties in the premises. 

The county superintendent is a judicial tribunal, a court, for the 
adjudication of certain questions coming before him on appeal. 
As a court, he should be governed by the same rules, as to evidence 
and practice, which ordinarily obtain in courts. As the law has 
not provided for him a clerk, he must, like a county judge or a 
justice of the peace, be his own clerk. Being at the same time a 
court, and the clerk of that court, it is his duty to make and keep 
an official record of all his decisions and proceedings. As an ap- 
peal may be taken from his decision to the Secretary of the Board 
of Education, and as in that event, (as will be seen hereafter,) the 
superintendent must send up a transcript, and the trial before the 
Superintendent of Public Instruction must be on the same papers 
and evidence on which the trial was had before the superintendent, 
it is of the first importance that the record of the superintendent 
should be full and complete. This record must embrace not only. 
all acts done and decisions made by the superintendent, but also 
all testimony taken before him. 

The minutes of the superintendent should commence with the 
commencement of the case, by noting the filing of the appellant's 
affidavit. He will afterward, as the acts transpire, note the send- 
ing of the notice of appeal to the district secretary, the filing of 
the transcript, the sending of notices of the hearing, and any ad- 
journment of the case that may be granted. At the trial he will 
carefully note down the names of all parries appearing and their 
post-office address (for it may be in further progress of appeal, that 
the Superintendent of Public Instruction will be required to send 
notices to these parties,) and whether they appear for or against 
the appeal ; and will also note the tiling of all papers and the 
names of any witnesses that may be produced and in whose behalf 
such papers or testimony may be ofi'ered. The decision of the 
superintendent will form an appropriate close of his minutes. 

The law requires the superintendent to hear the testimony of 
any witnesses who may be ofi^ered, giving him for that purpose 
authority to administer oaths. The testimony of such witnesses 
should be written down at the time, either in form of question and 
answer or in narrative form as the parties may desire or may be 



62 EXPLANATORY NOTES. 

expedient, and should be signed and sworn to by the witnesses, as 
if taking depositions. This testimony should be carefully filed 
with the other papers of the case. 

The papers filed, including the testimony, are of the record of 
the case, as much so as the minutes or the decision ; and these 
papers together with the superintendent's entries constitute the 
complete record of the case. 

It may be said that this mode of practice throws a great deal of 
labor on the superintendent. This is more in appearance than in 
reality. If the superintendent will make his entries at the proper 
time as the case progresses, and will take down the testimony as 
the same is given in, very little more time will be taken than if 
no record were kept, and the result will be infinitely more satis- 
factory to himself and all parties concerned. In this, as in most 
other instances, it will be found that to do the work in hand thor- 
oughly and well at the time, is easier, as well as a great deal bet- 
ter, than to do it imperfectly. And it is absolutely necessary that 
this method, or some other that is equivalent, should be pursued 
in order to bring up the case in proper shape on further appeal be- 
fore the Superintendent of Public Instruction. Indeed it may be 
said that the entire system of appeals under consideration, depends 
for its success, more than anything else, on the completeness of the 
records which shall be kept by the county superintendents. 

VII.— APPEALS FROM COUNTY SUPERINTENDENTS TO THE SUPER- 
INTENDENT OF PUBLIC INSTRUCTION. 

" Section 7. An appeal may be taken from the decision of the 
county superintendent to the Superintendent of Public Instruction 
in the same manner as provided in this act for taking appeals from 
the decision of the district board to the county superintendent, as 
nearly as applicable, except that he shall give thirty days' notice 
of the appeal to the county superintendent, and the like notice 
shall be given to the adverse party. And the decision when made 
shall be final." 

The most important question under this section is as to the mode 
of trial of appeal cases before tl;e Superintendent of Public Instruc- 
tion. Is the case to be tried before the secretary on the transcript 
sent up ; or is it to be tried on original testimony submitted before 
him, as is the case in trials before the superintendent ? 



EXPLANATORY NOTES. 63 

It will be observed that the law in express terms requires the 
superintendent to hear original testimony, and contains no such 
express requirement of the Superintendent of Public Instruction, 

If we suppose that the case must be heard on original testimony 
as though it had never been tried before, it follows that parties in- 
terested must bring their witnesses, it may be from the remotest 
parts of the State ; and the trial of appeal school-cases before the 
Superintendent of Public Instruction will constitute by far the 
most expensive litigation known to our laws. The expenses of an 
apjDeal from a District to the Supreme Court, will bear no compari- 
son. In fact the exercise of the right of appeal will be practically 
confined to that small portion of the State which may be in the 
immediate vicinity of the superintendent. When we consider this 
result, and the care taken by the Board of Education, which is ap- 
parent all through the enactment, to avoid costs and expenses in 
these cases, it is plain that the consideration here presented is en- 
titled to very great weight in determining the legislative intent. 

It may fairly be inferred that the superintendent of Public In- 
struction should not hear original testimony in the cases submitted 
before him. He has only jurisdiction to review decisions which 
have been before pronounced by county superintendents ; and he 
should review these decisions on the same papers and evidence 
submitted to the superintendents. His jurisdiction is appellate ; 
and cases come before him for trial as Chancery 'cases come from 
the district courts, before the supreme court. , 

The general course to be pursued in appeals to the Superintend- 
ent of Public Instruction is the same as in appeals to county su- 
perintendents ; and the suggestions already made, while consider- 
ing the latter class of appeals, are for the most part applicable to 
the former class. First, an affidavit must be filed with him by the 
party aggrieved. What his affidavit should contain, is indicated 
in our remarks upon the affidavit to be filed with the county su- 
perintendent. It then becomes the duty of the Superintendent of 
Public Instruction to give thirty days' notice of the appeal to the 
proper superintendent, who must send up his transcript within 
that time; and here it should be borne in mind, as in the case of 
the district secretary, that what the law requires the superintend- 
ent to send up is a transcript — the original paper should all be 



64 EXPLANATORY NOTES. 

carefully filed away and preserved by the superintendents in their 
own offices. 

Upon receiving the transcript the Superintendent of Public In- 
struction must give thirty days' further notice of the time and place 
of hearing, to all parties concerned. As he must ascertain from 
the transcript sent, who are the parties interested for and against 
the appeal ; and as from the necessity of the case, he must as a 
general thing give his notices by mail, it is of the utmost impor- 
tance that the transcript should disclose the names and address of 
all parties appearing in the trial before the county superintendent. 

At the hearing, parties interested may appear personally or by 
attorney, and argue their cases orally, if they desire ; or they may 
send written arguments. The records of the county superintendents 
will furnish the data required for these arguments. The records 
of cases in the offices of county superintendents which are public 
i-ecords, and should be open as such to examination by all parties 
interested, will furnish all needed data wdiere access to the trans- 
cript sent up is inconvenient. 

VIII.— COSTS. 

" Sec. 8. * * '^ Neither shall they (the county superin- 
tendent nor the State Superintendent) be allowed any other com- 
pensation than is allowed by law : Provided^ That all necessary 
postage must first be paid by the party aggrieved." 

These words, with which the act under consideration closes, are 

as plain as the provisions contained are unjust. The writing out 

of the transcripts required under this act is no small labor, which 

in all fairness ought to be paid for by the appellant. It ought, also, 

to be the duty of the appellant to attend to the service of the notices 

required. As the law now stands, however, these burdens are' 

thrown on the officers named, and must be borne by them, as part 

of the incidents of office, until they shall be relieved by future 

legislation. 

{Cliajpter 11.) 

Sec. 5. School officers asking an opinion should be careful to 
state acurately all the facts bearing on the question. If any 
material facts are withheld the opinion may be of no value, for it 
will be overruled if a further statement of facts shows it to be 
erroneous. 



EXPLANATORY NOTES. g5 

Sec. 7. County superintendents should preserve all the 
numbers of the Journal^ and hand them over, with the books and 
papers belonging to their office, to their successors in office. 

Sec. 10. The teachers have much to do in securing reliable 
reports. If their registers are not accurately kept and promptly 
filed with the secretaries, their reports and those of the county 
superintendents and the Superintendent of Public Instruction will 
of course be liable to errors. The district secretary should refuse 
to sign an order for the teacher's pay, unless he has complied with 
the requirements of sections 60 and 61 of chapter 1. 
9 



eS BLANK FORMS. 



BLANK FORMS. 



OHAPTEE 15. 

NUMBER 1. 

Form, for notice of an election in neic townslii^ps or whei^e a District 
is left without officers. 

(See Section 3, Chapter 1.) 

ISTotice is hereby given to the qualified electors of district town- 
ship of . .^ , in the couutj of and State of Iowa, 

that an election, for one sub-director in each of the sub-districts of 

said district township, will be held on the day of 

18 . , . . , at .... o'clock, as follows : 

In sub-district ]So. 1, at 



In sub-district N^o. 2, at 
In sub-district ISTo. 3, at 



18 



A. B., 

CD., 

E. F., 

Trustees of township. 

Note.— At least three of the above notices should be posted in 
each sub-district, at least five days previous to the election, and 
such hour should be designated for the meeting (not earlier than 
9 o'clock, A. M.,) as will best suit the convenience of the people. 
In case there is but one sub-district, give the notice for the election 
of three sub-dii-ectors instead of one ; and in case of a city district, 
give the notice for the election of a president, ^vice president, sec- 
retary, and treasurer and three directors, at one place, instead of 
in each sub-district. The meeting in each sub-district should or- 
ganize as provided in Section 9, Chapter 1. 



BLANK FORMS. 67 

KUMBER 2. 

\_Formf 07' proceedings of district toionshij) oneeting.'] 
(See Section 7, Chapter 1.) 

March , 18. . . . 

The electors of district township of , in the county of 

, and State of Iowa, assembled pursuant to previous 

notice. The meeting was called to order by the president. The 
secretary being absent, A, B. was appointed secretary _^;>f (9 tem. 

The order of business was stated by the president. 

On motion of Mr. E., a tax of one-half mill on the dollar, was 
voted for the payment of debts for school house purposes. 

Mr. G. moved that a tax of three mills on the dollar be voted 
for the purpose of raising the respective amounts asked for by the 
sub-districts for school-house purposes. Mr. H. moved to amend 
by striking out "three" and inserting "four," which was agreed 
to, and the motion as amended was decided in the affirmative. 

Mr. K. moved that a tax of one-eighth of one mill on the dollar 
be voted for purchase of library. Mr. F. moved to amend by 
striking Out " one-eighth," and inserting " one-half," which motion 
was lost. 

Mr. L. then moved to strike out "one-eighth" and insert " one 
fourth," which was agreed to, and the original motion as amended, 
was decided in the affirmative. 

Mr. H. moved that the various powers conferred by law on the 
district meeting, be delegated to the board of directors. After a 
lengthy discussion, the vote was taken, and the motion was lost. 

On motion of Mr. E., the meeting adjourned sine die. 

C. D., 

Attest : President. 

A. B., 

Secretary. 

Note. — The foregoing form is presented with the hope of aiding 
the inexperienced. Those who are familiar with such duties, may 
adopt or vary it as may seem best. The essential point is, to have 
the proceedings of the district accurately recorded. Much depends 
upon the minutes of the district meeting, and hence they should 



(58 BLANK FORMS. 

be correctly kept^ aad carefully preserved. It will be seen in the 
foregoing proceedings that the district has voted for the " school- 
house fund " 4|- mills on the dollar and J of one mill for the pur- 
chase of library, and the secretary should certify to the clerk of 
the board of supervisors accordingly. 

, NUMBER 3. 

Form of notice of annual meeting in sub-districts. 

(See Section 8, Chapter 1.) 

Notice is hereby given, that a meeting of the qualified electors 

of sub-district No , of district township of in the 

county of , and State of Iowa, will be held at 

on the first Saturday in March, 18 • . . . , at o'clock, for the 

election of one sub-director, and the transaction of such other busi- 
ness as may legally come before it. 

18.... 

A. B., 
Sub-Director of Sub-District No 

Note. In case there is no sub-director, the above notice must 
be given. by the Secretary of the District township. It must be 
given five days previous to the meeting, Sjud posted in at least 
three public places in the sub-district. The notice should desig- 
nate the hour of meeting, (w^hich should not be earlier than 9 
o'clock A. M.) distinguishing between forenoon and afternoon. 

NUMBER 4 . 

Form for proceedings of annual sub-district meeting. 

(See Sections 8, 9 and 16, CuArTER 1.) 

March . ., 18. . .. 

The electors of sub-district No , of District Township ot 

, in the county of , and State of Iowa, met pursuant 

to previous notice ; A. B. was appointed Chairman, and C. D. was 
appointed Secretary of the meeting. 

On motion of Mr. E., the meeting proceeded to elect one sub- 
director by ballot. Mr. F. H. having received a majority (or plu- 



, BLANK FORMS. 69 

ralty, as the case may be) of all the votes cast, was declared duly 
elected sub-director for the ensuing year. 
Mr. G. offered the following resolution : 

Resolved, That the district township be requested to levy a tax 
on the taxable property of the district township sufficient to raise 
the sum of five hundred dollars for the erection of a school-house 
in this sub-district, and the further sum of forty dollars for the rent 
of a school-house for the present year. 

After some discussion, the resolution was adopted. 
On motion of Mr. E.., the meeting adjourned sine die. 

A. B., 

Chairman. 
Attest : 

C. D., 

Secretary. 

ISToTE, — The amounts voted by the sub-district must, within five 
days thereafter, be certified to the secretary of the district town- 
ship by the sub-director, in order that they may be presented to 
the electors of the district township at its next regular meeting 
thereafter. 

NUMBER 5. 

Form of certificate of election to sid)-director. ■ 

(See Section 9, Chapter 1.) 

We hereby certify that, at the annual meeting of sub-district 

ISTo , of district township of , in the county of 

, and State of Iowa, held on the first Saturday in March, 

18 , A. B. was duly elected sub-director for said sub-district for 

the ensuing year. 

C. D., 

Chairman. 
Attest : 

E. r.. 

Secretary. 

Note. — This certificate slightly varied, will answer in case of 
the election of a sub-director at a called meeting, as per notice in 
form number 1. In both cases, it should be presented by the sub- 



70 BLANK FORMS. 

director elect, to the board of directors of the district township, 
and tiled with the president of said district. 

NUMBER 6. 

Form of oath of sub- director. 
(See Section 11, Chapter 1.) 

You do solemnly swear {or affirm, as the case may he,) that you 
will support the Constitution of the United States, and the Consti- 
tution of the State of Iowa, and that you will faithfully and impar- 
tially discharge the duties of sub-director of sub-district number 

of district township of , in the county of 

and State of Iowa, according to law and the best of your abili- 
ties. 

Note. — The above is the form of the oath when taken orally. 
Section 76, Chapter 1, requires, in case the officer has a written ap- 
pointment or commission, that the oath shall be endorsed thereon. 
See form for section a,bove referred to. 

NUMBER 7. 

Form of certificate of sub-director to District Secretary. 
(See Section 16, Chaptek 1.) 

To A. B., 

Secretary of district township of 

I hereby certify that the electors of sub-district No , of 

district township of in the county of and State 

of Iowa, at the annual meeting, held on the first Saturday 
in March, 18. . . ., voted the sum of five hundred dollars for the 
erection of a school-house, and the further sum of forty dollars for 
the rent of a school-house for the present year, and the sum of 
twenty dollars, for furnishing the same with the necessary appen- 



dages. 



C. D., 
Sub director of sub-district No. , . 
,18.... 



BLA.NK FORMS. 71 

NUMBER 8. 

Form for proceedings of Meeting of the Board of Directors for 
Division of District Township into Sub-Districts. 

(see section 29, chapter 1.) 

18.. 

At a meeting of the board of directors of district township of 

in the county of and State of Iowa, held this 

day, said district township was divided into sub-districts as fol- 
lows : 

Sub-District ISTo. 1, to consist of sections one, two, three, ten, ' 
eleven and twelve ; and the north-east quarter of the north-east 
quarter, and fractional lots one and two of section four ; and frac- 
tional lots one and two of section nine, in township 82 N^. of range 
6 west. 

Sub-District ISTo. 2, to consist of the west half, and the south-east 
quarter, and the west half of the north-east quarter, and fractional 
lots one and two of section five ; and fractional lot three of section 
four; and sections six, seven and eight; and fractional lots three, 
four and five of section nine, in township 82 1^. of range 6 "W". 

Sub-District No. 3, to consist of the west half, and the south-east 
quarter, and fractional lots one and two of section sixteen ; and 
sections seventeen, eighteen, nineteen, twenty, twenty-one, and 
fractional lots two, three, four and five of section twenty-two, in 
township 82 JST. of range 6 W. 

Sub-District ISTo. 4, to consist of sections thirteen and fourteen ; 
and the east half and east half of the north-west quarter, and lots 
one, two and three of section fifteen ; and fractional lot one of sec- 
tion twenty-two ; and the east half, and the north-west quarter, 
and fractional lots three and four of section twenty-three ; and 
section twenty-four, and the east half and the north-west quarter, 
and fractional lots three, four and five of section twenty-five ; and 
fractional lot one of section twenty-six, in township 82 K. of range 
6 W. 

Sub-District No. 5, consists of the west half, and the south-east 
quarter, and fractional lots two and three of section twenty -six ; and 
sections twenty-seven, thirty-four, thirty-five and thirty-six, in 
' ownship 82 N. of range 6 W". 



72 BLANK FORMS. 

Sub-district 'No. 6, to consist of sections twentv-eiglit, twenty- 
nine, thirtj, thirty-one, thirty-two and thirty-three, in township 82 
N. of range 6 W." 

A. B., 

Attest : President. 

CD., 

Secretary. 

Note, — In the foregoing sketch I have imagined a district town- 
ship composed of a congressional township, which is divided by 
a stream that has been regularly 7neandered hy the Government sur- 
veyors, and thus the township is rendered T^artiaWy fractional. The 
stream forms the boundary line of one side of all the sub-districts 
but one. This may be done in all cases of meandered streams, but 
where they have not been meandered, the government lines cross 
them, and the sub-district lines must conform accordingly. The 
phrase " congressional divisions of land," I understand to mean 
any tract of land which the Government of the United States will 
sell separate and apart from an adjoining tract. Hence an eighty 
or forty acre tract, or any irregular tract of three, five, or of a quar- 
ter or less number of acres, which appears on the Government plats 
as sej)arate and distinct tract, may be included or excluded from a 
sub-district, as the board of directors, in their discretion may deem 
best. There must also be a plat made of the sub-districts, in ac- 
cordance with the division made by the board. The plan of di- 
vision must be recorded in the district records, and an attested copy 
of the record and plat should be filed with the clerk of the board 
of supervisors. 

NUMBER 9. 

Foi'm for Certificate of Secretary to the Board of Supervisors, of 
per centum of tax voted hy the Board of Directors. 

(See Section 31, Chaptek 1.) 

To the Board of Supervisors of County, Iowa : 

I hereby certify that a tax of ... . mills on the dollar was this 
day levied by the board of directors on the taxable property of 

district township of in the county of and State 

of Iowa for the use of the " teachers' fund," and .... mills on the 



BLANK FORMS. 73 

dollar for 'the "contingent fund," as provided in Section 31, of 
Chapter 1, of the School Laws. 

A. B., 
Secretary of Dist. Township of 

,18... 

ISToTE. — The tax levied for teachers' fund and contingent fund is 
to be uniform throughout the district township, and must be levied 
by the board of directors at their regular meeting on the third 
Monday in March, or at a special meeting between that time and 
the third Monday in May, except as contemplated in the proviso 
of section 31, when an additional amount may be levied on the 
property of any sub-district in which the electors have voted to 
carry on the schools therein for a longer time than the twenty- four 
weeks provided by law, or exceeding the time provided for by the 
board. 

NUMBEE 10. 

Form of draft of District President on County Treasurer. 

(See Section 35, Chaptek 1.) 

, 18.... 

To A. B., County Treasurer: 

Please pay to C. D., Treasurer of District township of , 

in the county of , and State of Iowa, the amount of 

taxes levied and collected on account of said district for teachers' 
fund, contingent fund, and school house fund, up to the first Mon- 
day of ,18.... E. F., 

Attest: President. 

Gr. H., 
Secretary. 
Kote. — The district treasurer should present this draft in person, 
and note carefully the amount of money drawn on account of each 
fund, and charge himself accordingly. 
10 



74 



BLANK FORMS. 



NUMBER 11 



Form of order of District President on District Treasurer. 
(See Secs. 18, 43, and 44, CiiArTEK 1. 

No , 18.... 

To A. B.^ Treasurer of District township of 

Fay C. D., or order, the sum of dollars out of the 

school-house fund, for labor performed and materials furnished in 

the erection of a school-house in sub-district number , of 

District township of , in the county of , and 

State of Iowa, as per contract made with the sub-director of said 
sub-district, on the ; . day of. , 18 ... . 



Attest : 
G. 



E. F., 
Fresident. 



H., 

Secretary. 
]^OTE. — "Whenever an order is drawn, it should be registered, as 
per form number 12, and the number, date, in whose favor drawn, 
on what fund, for what purpose, and the amount, should immedi- 
ately be certified by the secretary to the treasurer of the district. 
The above form will answer for an order on the teachers' fund, by 
substituting the words " out of the teachers' fund for services as 
school teacher in sub-district," or for the contingent fund, by sub- 
stituting the words " out of the contingent fund, for fuel, repairs, 
&c." 

NUMBER 12. 

Form of Order Register of Secretary and Treasurer. 



Number. 1 Date. 


On whom drawn. 


Fund. 1 For what purpose. | Am't. 


No. 1 


April 7, 1860 


John Srailh. 


Teachers. 


Teaching School. 


$45 GO 


No. 2 


(1 u « 


A. J. Adams. 


Conting,fund 


Rep. on S. house. 


15 00 


No. 3 


II U 11 


Joel B. Young. 


11 11 


Fuel. 


5 00 


No. 4 


May 10, " 


Thos. Harrison. 


School.house 


Erec. of S. house. 


125 00 


No. 5 


" 14, '' 


Sarah Johnson. 


Teachers. 


Teaching School. 


63 74 



Note. — The above form is presented with a view of sj^steraizing 
the matter of drawing and paying school orders. It is impossible 
to keep a correct account of orders without some such method, and 
it is particularly essential under the present law, which requires 



BLANK FORMS. 75 

the Treasurer to make pro rata payments, when he has not siifli- 
cient funds to pay in full. This register should be kept by both 
the Secretary and Treasurer; the one kept by the latter being an 
exact copy of that kept by the former, and this may be easily done 
if each order, when drawn, is promptly certified by the Secretary 
to the Treasurer. Thus each officer will at all times be advised of 
the exact number and amount of outstanding orders. When an 
order is paid in full, cause the person presenting it, in all cases, to 
indorse it ; and if an order is draw^n in favor of one person and 
presented by another, refuse payment unless it is properly indorsed. 
In making partial payments, indorse the amount paid with the 
date of payment on the back of the order, and take a receipt for 
the amount paid, which will be your voucher in a settlement with 
the Board. I deem this receipt essential — otherwise the Treasur- 
er has nothing to show what disposition he has made of the 
money. 

NUMBER 13. 

Form of notice of Regular District Meeting . 
(See Sections 6 and 38, Chapter 1.) 

Notice is hereby given to the qualified electors of District town- 
ship of , in the county of , and State of 

Iowa, that the regular meeting of said District will be held at 

, on th*e second Saturday in March, 18 .... , at ... . 

o'clock, for the transaction of such business as may legally come 
before it. 

A. B., Secretary of District township of , 

18... 

Note. — The above notice must be posted in five difi'erent con- 
spicuous places in the district. In city districts, insert immedi- 
ately after the word "for" in the concluding part of the notice, 
the words " the election of officers and," in accordance with the 
provisions of section 86, chapter 1. The law only provides for 
one regular meeting in the district in each year, and no authority 
is given for calling a special meeting in an organized district, ex- 
cept in city districts, and then only for the election of officers. 

In all cases the meeting should be called at such hour as will 



76 BLANK FORMS. 

best suit the conyenieuee of the people, and not earlier than 9 
o'clock A. M., and should not be permanently adjourned before 
3 o'clock P. M. 

NUMBER 14. 

Form of certificate of Secretary to the Board of Supervisors of the 
per centum of tax voted hy the district township. 

(See Sections 17 and 40, Chapter 1.) 

18.... 

To the Board of Supermsors of Coimty^ Iowa : 

I hereby certify that, at a meeting of the qualified electors of 

district township of , in the county of , and State 

of Iowa, held on the second Saturday in March, 18. . . ., a tax was 
voted on the taxable property of said district of . . . . mills on the 
dollar on account of school-house fund, and that the tax on account 
of school-house fund has been apportioned by the board of direc- 
tors among the sub-districts of said district township as follows : 

In sub-district No. 1 mills on the dollar. 

(( a 9 ii. a a 

u u ^ 

" « 5 

I also certify that the board of directors have voted a tax of 

mills on the dollar for teachers' fund and . mills on the dollar 

for contingent fund. 

A. B., 

Secretary of district township of 

Note. — The tax for teachers' and contingent funds tnust be uni- 
form on the property of the district township ; but the school-house 
tax inay vary as custom, or justice and equity may demand. 



BLANK FORMS. 



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78 BLANK FORMS. 

Note. — The foregoing report should be accurately made and 
promptly filed with the Co. Superintendent ; otherwise the Secre- 
tary is to forfeit for the use of the district the sum of hventy-five 
dollars, and to make good all losses resulting from such failure. 
By his neglect to tile it as required, the district may lose its dis- 
tributive share of school money. To ascertain the average com- 
pensation paid male teachers per week, divide the aggregate 
amount paid them (male teachers) for teaching during the year in 
the District Township, as shown by the books of the District 
Treasurer, by the w^hole number of male. teachers, and the result 
by the average number of weeks the schools have been taught, 
which can be determined from the teachers' register. For in- 
stance, 6 male teachers have been paid the aggregate sum. of 
$1,200.00 for teaching 2i weeks, being an average of $200.00 
each, which divide by the number of weeks, and we have |8.33|- 
as the average per week. . Make a similar computation for female 
teachers. To ascertain the average cost of tuition for each pupil 
per week in the District Township, divide the whole amount paid 
by the whole number of pupils, and the result by the number of 
weeks the schools have been taught. For instance, the whole 
number of pupils attending school in the District Township ife 
300, and the amount paid for 24 weeks of school is $1,440.00. 
Divide the amount by the whole number of pupils, and we have 
$4.80 as the average for the full term, which divide by the num- 
ber of weeks and we have 20 cents as the average per week. To 
ascertain the average attendance of scholars, divide the sura of the 
days they have been present by the number of days the schools 
have been taught. For instance the teachers' registers show to 
have been present in- the several schools of the district 300, and 
the terms to have been 60 days. They have been present from 50 
to 60 days each, and the sum total of the daj's they have been 
present is 15,000 (instead of 18,000, as it would have been if they 
had all attended regidarly^ which divide by 60, the number of 
days the schools have been taught, and the result is 250 as the av- 
erage attendance, 300 being the regular attendance. 



BLANK FORMS. 

NUMBER 16. 

Form for the Treasurer'' s account with the Teachers' Fund, 
(see sections 43, M and 55, chaptee 1.) 



1866. 



Dr. 



April 10 
April 10 
Sept. 3 
Sept. 3 



To cash recv'd of Co. Treas'r on apportionment, 

" " " " " district tax.... 

" " " '' " fines &c 

" " " " " district tax 



$263150 

38500 

2500 

1Y400 



1866. 






Cb 




April 13 


By cash paid James Hogan, on order JMo. 1 


$136 


00 


April 13 


" Sarah Smith, " 


" 3.... 


89 


00 


April 14 


" Kicholas Hoover," 


" 4.... 


135 


00 


May 3 


" Louisa Martin, " 


" r.... 


82 00 


" 4 


" Jas. M. Pliggins," 


"' 10 ... . 


115 00 


4 


'• Stephen Phelps, " 


" 11.... 


175 


00 


" 6 


" Amelia Mason " 


" 13.... 


95 


00 



KoTE. — A similar account is to be kept with the school-house 
fund and contingent fund, and a statement of the condition of 
either fund is to be rendered at any time when required by the 
board. By keeping a correct account of the orders, as per form 
No. 12, the treasurer will know the amount outstanding, and can 
readily determine what per cent on each he can pay with the funds 
on hand. The above form is intended for separate pages opposite 
each other. 

NUMBER 17. 

Form for list of heads of familees and children^ to he kept hy suh- 

directors. 

(See Section 49, Chaptee 1.) 



Parents or guardians. 


Names ol children. 


Sex. 


Age. 


John Smith. 


Peter Smith. 


Male. 


12yrs. 


John Smith. 


Eliza Smith. 


Female. 


10 " 


James Jones. 


William Jones. 


Male. 


15 " 


James Jones. 


Charles Peters, (ward) 


xMale. 


13 " 


Anna Byron. 


James Byron. 


Male. 


10 " 



l!ToTE. — The above list should be recorded in a book, and care- 



80 



BLA.NK FORMS. 



fully preserved with the records of sub-district, and from which 
the sub-director can make his annual report to the district secretary 
as required by section 50, of chapter 1. 

NUMBER 18. 

Form of Contract for huilding a school-Jiouse. 

(See Section 48, Chapter 1.) 

Contract made and entered into between A. B., of the county of 
, and State of Iowa, and C. D., as sub-director of sub-dis- 
trict number . . . . , of district township of , in the county 

of , and State of Iowa, and his successors in office. 

In consideration of the sum of one dollar in -hand paid, the re- 
ceipt whereof is hereby acknowledged, and of the further sum of 
five hundred dollars, to be paid as hereinafter specified, the said A- 
B., hereby agrees to build a brick school-house and to furnish the 
material therefor, according to the plan and specifications for the 
erection of said house hereto appended, at such point in said sub- 
district as the board of directors of said district township may 
designate. The said house is to be built of the best material, in a 
substantial, workmanlike manner ; and is to be completed and de- 
livered to the said C. D., or his successors in ofiice, free from any 

lien for work done or material furnished, by the day of 

18 . . . ; and in case the said house is not finished by 

the time herein specified, the said A. B. sliall forfeit and pay to 
the said C. D., or his successor in office, for the use of said dis- 
trict township {or suh- district^ where the tax has been levied exclu- 
sively within its limits^ the sum of one hundred dollars, and shall 
also be liable for all damages that may result to said district town- 
ship {or sub-district, as the case may he,) in consequence of such 
failure. 

The said C. D., or his successor in office, in behalf of said 
district township, hereby agrees to pay the said A. B,, the sum of 
fifty dollars when the foundation of said house is finished ; and the 
further sum of two hundred and fifty dollars when the walls are up 
to the square and ready for the roof; and the remaining sum of two 
hundred dollars when the said house is finished and delivered as 
herein stipulated. 



BLANK FORMS. 81 

It is further agreed that this contract shall not be sub-let, trans- 
ferred or assigned without the mutual consent of both parties. 

Witness our hands this .... day of , 18 . . . 

A. B., . 

Contractor. 
C. D., 

Sub-Director. 
This is to certify that the foregoing contract was approved by the 
board of directors of district township of ....... ., in the county 

of , of the State of Iowa, this day of 

18.... 

E. F., 
Attest : ' President. 

Gr. H.j 

Secretary. 

KoTE. — The law authorizes a sub-director to make contracts un- 
der such rules and restrictions as the township board may prescribe. 
Hence in all cases where it becomes his duty to make a contract, I 
consider it proper, in order to avoid all subsequent dispute, that the 
approval of the board of directors should be endorsed on the con- 
tract before any work is done under it. In building a permanent 
school-house, it is all important to secure a plan of the building, 
with full specifications as to its dimensions, style of architecture, 
number and size of windows and doors, quality of materials to be 
used; what kind of roof; number of coats of paint; of what ma- 
terial the foundation shall be constructed; its depth below, and its 
height above the surface of the ground ; the number and style of 
chimneys and flues ; the provisions for ventilation ; the number of 
coats of plastering and style of finish ; and all other items in detail 
that may be deemed necessary. The plan and specifications should 
be attached to the contract, and the whole filed with the secretary 
of the district township. 

NUMBER 19. 

Form of Bond for joerformance of contract. 

Know all men by these presents, that we, A. B. as principal, L. 

M., J. H. and R. S. as securities of the county of and 

State of Iowa, are held and firmly bound unto district township 
11 



82 BLANK FORMS. 

of , in the county of and State of Iowa, 

in the penal sum of one thosuand dollars, for the payment of which 
well and truly to be made, we bind ourselves, our heirs, adminis- 
trators and assigns jointly, severally and lirmly by these presents. 

The condition of the above obligation is such, that whereas the 
said A. B. has this day entered into a witten contract with C. D. 
as sub-director of sub-district number , of district town- 
ship of , in the county of , and State of Iowa, 

and his successors in office, for the erection and completion of a 

school-house in said sub-district, by the day of 

18 , according to the plan and specifications for the 

construction of said house appended to said contract. 

Now therefore if the said A. B. shall faithfully and fully comply 
with all the stipulations of said contract, then this obligation .shall 
be void — otherwise remain in full force and virtue in law. 

In testimony whereof we have hereunto subscribed our names 

this day of ,18 

^ A. B., as principal. 

L. M., 
J. H., 
E. S,, securities. 

NUMBER 20. 

Formifor Contract letioeen Siib-Director and Teache)\ 

(See Secs. 48 and 52, Chap. 1.) 

This Contract, between A. B., a School Teacher of 

county, Iowa, and C. D., a sub-director of sub-district No of 

the District Township of , in the county of 

and State of Iowa, witnesseth: 

That the said A. B. agrees to teach the public school in said sab- 
district for the term of weeks, commencing on the day 

of , 186 . . , and well and faithfully to perform the du- 
ties of teacher in said school, according to law, and the rules 
legally established for the government thereof. 

In consideration of said services, the said C. D., as sub-director 
aforesaid, on behalf of said District Township, agrees to pay the 
said A. B the sum of Dollars per school month, 



BLANK FORMS. 33 

at the close of , and to perform all the 

duties required by law as such sub-director. 

"Witness our hands, this .... day of , A. D. 186 . . • 

A. B., Teacher. 
C. D., Sub-Director. 
It is hereby certified that the within contract was approved by 

the Board of Directors of District township of in the 

county of and State of Iowa, this day of 

,18.--- 

E. F., President. 
Attest : G. H., Secretary. 

XoTE. — With a little variation the above form will also answer 

for city districts. Let the contract be duly executed and filed with 

the President before the teacher enters upon his duties. Give the 

teacher a certified copy of the contract if he desires it. 

NUMBER 31. 

FoTTTi of Lease. 
(See Section 48, Chapter 1.) 

Know all men hy these presents : That A. B., of the county of 

and State of Iowa, for the consideration hereinafter 

mentioned, does hereby lease unto C. D., sub-director of sub-dis- 
trict number of district township of -. in the 

county of and State of Iowa, or his successors in office, 

for the use of said district township for school purposes, the fol- 
lowing described premises, situate in the county and State afore- 
said, to-wit: (here describe the house and lot or parcel of ground) 
together with all the privileges thereto belonging, for the term of 
months from the ..... day of 18 . . . 

The said C. D., sub-director as aforesaid, or his successors in 
ofiice, hereby agrees to pay the said A. B., for the use of said prem- 
ises the monthly rate of dollars to be paid at the expira- 
tion of this lease. 

In testimony whereof^ we have hereunto subscribed our names 
this :..... day of , 18 . . . 

Signed in Duplicate. A. B., 

C. D., 
Sub-director of sub-district Ko. . . . 



84 BLANK FORMS. 

Note. — As a matter of safety, the above lease should be execu- 
ted in duplicate, one to be held by the sub-director and the other 
by the lessor. The lease should be approved by the board of di- 
rectors, as in case of a contract, and the duplicate filed with the 
president. 

NUMBER 22. 

Form of Deed. 

(See Section 48, Chaptek 1.) 

Know all 'men hy these pi'esents : That we, James L. Smither and 

Mary E. Smither, his wife, of the county of , and State 

of Iowa, in consideration of the sum of dollars in hand 

paid, do hereby sell and convey unto district township of 

in the county of , and State of Iowa, the following de- 
scribed premises, situated in the county and State aforesaid, to-wit : 
(here describe the premises.) 

And we do hereby covenant with the said district township that 
we are lawfully seized of said premises ; that they are free from 
encumbrance; that we have good right and lawful authority to sell 
the same ; and we do hereby covenant to warrant and defend the 
title to the said premises against the lawful claims of all persons 
whomsoever. 

Signed this day of , 18 . . . 

-r . JAMES L. SMITHER. 

In presence of ^^-^-^ j, SMITHER. 

STATE OF IOWA, ) 
Countt. 1 

On this day of , A. D. 18 ... , before 

me, a ISTotary Public in and for said county, personally came 
James L. Smither and Mary E. Smither, his wife, personally to 
me known to be the identical persons whose names are affixed to 
the above deed as grantors and acknowledged the same to be their 
voluntary act and deed. 

. — ■ — "Witness my hand and seal Notarial this 

L.S.I ^^^^^ ^^■"' ^,B., 

Notary Public. 



BLANK FORMS. 85 

Note. — In purchasing the grounds for school-house purposes, 
the sub-director should examine the title carefully, and be satisfied 
that it is not defective, and that the property is free from encum- 
brance. Under the laws of our State, the joining of the wife with 
her husband in the conveyance passes he right of dower, and 
hence no turther relinquishment of dower is necessary. Let the 
property in all cases be conveyed to the district in its corjoorate 
name. The deed should be filed with the president. 

NUMBER 23. 

Form for notice from Clerh of Board of Supervisors to the Presi- 
dent of the District. 

(See Section 56, Ciiaptee 1.) 

OflS.ce of Clerk of Board of Supervisors, \ 

County, Iowa. \ 

18.... 

To C. D., 

President of District Township of ,.. 

SiE : — You are hereby notified that, according to the apportion- 
ment of the school money made by the undersigned this day, the 

sum of dollars is due District Township of in the 

county of and State of Iowa, from this ofiice, for which I 

hand you herewith my warrant on the county treasurer. 

A. B., 
Clerk of Board of Supervisors. 



g6 BLANK FORMS. 

NUMBER 24. 

Form for Teacher'' 8 Daily Register. 

(See Section 60, Chapter 1.) 

teacher's daily register, for the week commencing MONDAY, 

,18.... 



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Note. — This register may be kept in a temporary blotter, and 
should be posted weekly into the Teacher's General Register, for 
which see form number 25. The blotter should, however, be care- 
fully preserved for reference, in case any inaccuracy should subse- 
quently be discovered in the general register. The dash, thus — , 
signifies absent; 1, present; p. f., present forenoon, and p. a., 
present afternoon. 



BLANK FORMS. 



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88 BLANK FORMS. 

NUMBER 26. 

Form of Teachers' Certificate. 

(See Sections 59, 64 and 65, Chapter 1.) 

Ofilce of County Su2)erintendent of Common ScJiools^ \ 
County of and State of Iowa. \ 

I hereby certify that I have this day examined the bearer, A. B., 
in Orthography, Reading, Writing, Mental Arithmetic, Written 
Arithmetic, Geography, English Grammar, and History of the 
United States; and also in [other branches, if any], and find [him 
or her] competent to teach the same, and being fully satisfied that 
[he or she] ])ossesses a good moral character, and the essential 
qualifications for the government and instruction of children and 
youth, I hereby authorize [him or her] to teach in the public 

schools of this county, for the period of from the date of 

this certificate. 

In testimony whereof, I have hereunto subscribed my name this 

day of , A. D., 18 . . . 

C. D., 
Co. Supt, of Common Schools. 

Note. — It is essential in the examination of a teacher, that he 
should possess, first, a good moral character — second, a thorough 
knowledge of -the branches named in the law — and third, the abil- 
ity to govern a school and the faculty of imparting knowledge. 
Without these qualifications, I should not consider an applicant 
entitled to a certificate. A certificate is not valid out of the county 
in which it is given. 

NUMBER 27. 

Form f 07' Revocation of Teacher's' Certificate. 

(See Section 69, Chapter 1.) 

Office of Ccninty Sxiperintendent of Common Schools, [ 
County of , and State of Iowa, j 

To the several boards of school directors in the county of 

. . . . , and State of Iowa : 



BLANK FORMS. 89 

"Whereas, the undersigned did on the day of 

18 . . . execute and deliver to A. B., a certificate, authorizing him 
to teach in public schools of this county : and 

Wheeeas, upon due examination it has been made to appear 
that the said A. B., in consequence of (here state the offiense — 
gross immortality for example), is unworthy longer to retain the 
same : 

I^^ow, therefore, in pursuance of the provisions of section 69, 
chapter 1 of the school laws of the State of Iowa, the said certifi- 
cate is hereby revoked. 

In testimony whereof, I have hereunto subscribed my name this 

day of ....A. D., 18.... 

C. D., 
County Superintendent. 

Note. — A copy of the above revocation should be transmitted 
to the secretary of each school district, and the secretary should 
immediately notify each sub-director in his district of the fact. 

NUMBER 28. 

Form of Oath of School officers. 

(See Section 76, Chapter 1.) 

STATE OF IOWA, ) 

[ss. 

' County. ) 

I, A. B., do solemnly swear [or afiirm] that I will support the 
Constitution of the United States, and the Constitution of the 
State of Iowa, and that I will faithfully and impartially discharge 
the duties of [president, secretary or treasurer, as the case may 

be,] of district township of in the county of and 

State of Iowa, according to law and to the best of my abilities. 

a". B., 

Subscribed and sworn to before me this day of 

A. D., 18.... ' CD., 

Justice of the Peace. 

12 



90 BLANK FORMS. 

NUMBER 29. 

Form for certificate of a-pjjointnient of School District Officers. 

(See Section 23, Ciiaptek 1.) 

,18.... 

To A. B. : 

You are hereby notilied, that at a meeting of the board of 

directors of district township of , in the county of , 

and State of Iowa, held on the day of , IS .... , you 

were duly appointed (here name the officer) in and for said district 

township, to fill the vacancy occasioned by the (here state the cause 

of the vacancy) of L. M. 

C. D., 

Secretary of District Township of ... . 

!Note. — For the appointment of sub-director, insert in the above 

form the words " Sub-district number. of" immediately 

after the word " for." The oath of ofiice of the person appointed 
must be endorsed upon the foregoing certificate. 

NUMBER 3 0. 

Form of application for a Teachers* Institute. 

(See Section 11, Chapter 11.) 

Office of County Superintendent of Common Schools, ) ' 
County, . ._ , 18 . . . ) 

To the Superintendent of Public Instruction : 

From satisfactory evidence on file in this office, I hereby certify 

that not less than twenty teachers desire to assemble at , 

in the county aforesaid, on the day of , 18 .... , 

for the purpose of holding a Teachers' Institute, to remain in ses- 
sion for a period of not less than six working days ; and that they 
suggest A. B. as conductor. 

In testimony whereof, I have hereunto subscribed my name the 
day and year first above written. 

G. H., 
Co. Sup't of Common Schools. 

Note. — I would suggest that the proper mode of procedure will 



BLANK FORMS. 91 

be for the teachers to circulate a petition, and after they have pro- 
cured the requisite number of signatures, let it be filed with the 
County Superintendent, as the basis of his application to this 
office. I do not conceive it to be necessary that all who sign the 
petition should be residents of the county — that they purpose at- 
tending the Institute, if in their power so to do, is sufficient, with- 
out any regard to residence, so it is within the State. The 
Institute, however, is designed esjyecially for the benefit of the 
teachers of the county in which it is held. The law appropriates 
the sum oi fifty dollars annually to each county which can, in 
good faith, secure the requisite number of teachers. 

NUMBER 31. 

The Law of Appeal. 

(See Section 2, Chaptee 9.) 

Affidamt. 

THE STATE OF IOWA, 
County of 

Appeal of A B , ) 

from >■ 

District Township of ) 

I, A B , being duly sworn, on oath say : that on the 

day of , A. D , the Board of Directors of said 

District Township rendered a decision [or made an order as the 
case may be] whereby [here state in substance the decision or 
order complained of]; that, I, [here state the facts showing 
affiant's interest in the decision, and the injury to that interest] ; 
that said Board in rendering the decision [or making the order] 
aforesaid, committed errors as follows : [Here state the errors 
charged.] 

[Signed] A B 

Subscribed and sworn to, by A B , before me, this 

day of , A. D 

C D , J. P. [or other officer.] 



93 BLANK FORMS. 

NUMBER 32. 

(See Section 4, Chaptek 9.) 

Notice of Ajppeal. 

THE STATE OF IOWA, 
County of 

APPEAL OF A B , ) 

Fkom District Township of j 

To C D , 

Secretary of board of directors of said district township : 

Ton are hereby notified that said A. . . . B. . . . has filed in my 
ofiice an affidavit alleging that said board of directors, on the .... 

day of , A. D , made a decision [or order as the case 

may be] whereby [here describe the decision or order so that the 
secretary may identify it,] and claiming an appeal therefrom. You 
are therefore required within ten days after receiving this notice, 

to file in my office at , in said county, a complete transcript 

of the record and proceedings of said board relating to said decision 
[or order.] 

You will endorse on this notice the date of its receipt, over your 
signature, and return the same with the transcript. 

[Signed.] E. F., 

County Superintendent. 

NUMBER 33. 

(See Section 4, Chapter 9.) 

Transcript from District Secretary. 

THE STAE OF IOWA, [ 
County of \ 

APPEAL OF A B ,) 

From District Township of | 



Papers filed with the secretary of the board of directors of said 
district township. 

Be it remembered that on the day of A. D 

a petition was filed in words and figures following, to-wit : [here 
copy petition in full.] 



BLANK FORMS. 93 

And afterwards, on the day of A. D. ...., a re- 
monstrance was filed, in words and figures following, to- wit: [here 
copy remonstrance in full.] 

And afterward, on the .... day of A. D , a plat 

was filed by G .... H , in behalf of said petitioners, [or remon- 
strants] in words and figures following, to-wit : [here copy the plat 
in full.] If any other paper is filed, let it be introduced and copied 
in like manner. If the secretary is at a loss how to characterize it, 
let him say " a paper in words and figures following :"] 

And afterwards, on the .... day A. D , a de- 
cision was rendered [or order made] by said board as appears of 
record on the minutes of said board in words and figures follow- 
ing, to-wit : [here copy the decision or order as it appears in the 
minutes.] If action was had by the board at difierent times in re- 
gard to the matter, let the several entries on the minutes be intro- 
duced and copied. 

CERTIFICATE. 

I, C ... D .... , secretary of the board of directors of district 

township of , in the county of , Iowa, do hereby 

certify that the foregoing is a correct and complete transcript of 
the record and proceedings of said board relating to the decision 
[or order] described in the notice of appeal hereto annexed. 

[Signed,] C....D.... 

District Secretary. 

NUMBER 34. 

(See Seotion 5, Chapter 9.) 
Notice of Hearing. 

THE STATE OF IOWA, 

County of 

Appeal of A B ) 

From \ 

District Township of ) 

To A ... . B , Appellant, C ... D .... , secretary of board of 

directors of said township district and to Gr. . . . H. . . . and I. . .»- 
J , parties adversely interested. 

You are hereby notified that an appeal has been taken from a cer- 



94 bl/5lNK forms. 

tain decision (or order) of the board of directors of said district 
township, (here describe the decision or order,) and that said mat- 
ter of appeal will be heard before me at . . . . , in said county, on the 

day of , A. D., at o'clock, M. 

(Signed,) E....F...., 
County Superintendent. 

NUMBER 35. 

Form of County Su])eri7ite7ide7it'' s Minutes. 

THE STATE OF IOWA, 
County of 

Appeal of A B ) 

from >• 

District township of ) 

January 2, 1862. Affidavit of said appellant filed. Mailed no- 
tice of appeal to C . . . . D . . . . , secretary of board of directors of 
said district township at , in said county. (Or, served no- 
tice of appeal personally on C . . . . D . . . . , &c., as the case may be.) 

January 9, 1862. Received aud filed transcript from secretary 
of said board. Appointed that the hearing should take place at my 
office in . . . . , in said county on the 20th day of January, 1862, at 

10 o'clock A. M. Mailed notice of same to A B , appellant, 

at [give post office address,) to (here give names and address of 
those entitled to notice,] as persons adversely interested and to said 
C... D.... 

January 20, 1862. The case being called up, A. . . . B. ., ap- 
pellant, appeared and K . . . . L . . . . of [give address,] in opposition 
to the appeal. Appellant offered in evidence a plat which was 

filed. He then produced M N" , as a witness in behalf of 

the appeal, whose testimony was taken and reduced to writing. In 
opposition to the appeal, there was offered in evidence a contract 
which was filed, and O . . . . P . . . . , and Q . . . R . . . . , were pro- 
duced as witnesses, whose testimony was taken and reduced to 
writing. Thereupon the parties submitted the case. Case taken 
under advisement till to-morrow morning at 9 o'clock. 

January 23, 1862. [Here recite the decision made. The super- 
intendent may also if he chooses give his reasons for the decision 
at length.] 



BLANK FORMS. 95 

NUMBER 36. 

Form of Siiperintenden'C s Transcrvpt. 

THE STATE OF IOWA. 
County of 

Appeal of A .... B ) 

from V 

District Township of ) 

Papers filed with E F , County Superintendent. 

Be it remembered that on the .... day of , A. D . . . . , an affi- 
davit of A B of [give post office address,] was filed 

in words and figures following, to- wit : [here copy affidavit in full.] 

And afterward on the .... day of , A. D , a tran- 
script from C . . . . D . . . . , of [give post office address,] Secretary of 
Board of Directors of said District, was filed in words and figures 
following, to-wit : [Here copy transcript in full.] 

And afterwards on the day of , A. D , at the 

hearing of said case. A B . . . . appeared in favor of said ap- 
peal, and S T . . . . , of [give post office address,] and U 

Y . . . . , of , in opposition thereto. And in favor of said 

appeal was ofiered in evidence a plat in words and figures follow- 
ing, to-wit : [here copy plat in full,] and also M . . . . N. . . . was 
produced as a witness, who testified as follows, to-wit : [here copy 
his testimony.] 

And in opposition to said appeal, there was offered in evidence 
a contract in words and figures following, to-wit : [here copy the 

contract,] and there was produced O . . . . P , who testified as 

follows : [here copy this witness' testimony.] And there was also 
produced Q . . . . E, . . . . , who testified as follows : [copy his testi- 
mony.] 

The above being all the testimony offered, the parties submitted 

'the case. And thereupon the following decision was pronounced : 

[here copy the decision.] To the whole should be appended a 

certificate by the Superintendent, which may be in form like that 

of the District Secretary to his transcript. See Form No. 34. 



9(5 OPINIONS. 



oi^i]>srioNS. 



CHAPTEE 15. 

ANSWER TO QUESTIONS ON THE SCHOOL LAW. 

Question 1. Are teachers entitled to pay for the week spent in 
the teachers' institute ? 

Answer. — Wliere either the law or action of the local board 
require an intermission of a terra, the teacher is to be paid precisely 
as though there had been no intermission ; unless parties have 
otherwise stipulated in their contract. This is upon the same prin- 
ciple that teachers are paid during the forenoon, noon and afternoon 
recess of every day's sessions. It would be otherwise where a 
vacation of one or more school days was without authority either 
of the law or the local board. See opinion of Attorney General 
in School Journal, June, 1865. 

Question 2. The president of an independent district resigned. 
The secretary has filled both offices ever since. Is this legal ? and 
are our acts legal? If not, how can we fill the president's chair, 
and make all right again ? 

Answer. 1 — It is not legal for the secretary to fill the ofiie of 
president. 2d — "While some acts of the board might be legal un- 
der this state of facts, others manifestly would not be. 3d — The 
board should, by ballot, elect a president, as contemplated by sec- 
tion 23, chapter 1. If this election falls upon a member of the 
board, and he accepts, this vacates such member's ofiice, and an- 
other election should be held to fill the last vacancy namsd. 4th — 
Alter the board is made complete in the manner above pointed 
out, it should pass a curative resolution reaching to all acts of the 
board that have been had since the president resigned. 

Question 3. "Where a president refuses either to resign or act, 
what course should be pursued ? 

Answer. If it be true, that the president to whom you refer, 



OPINIONS. 97 

refuses to sign contracts authorized by the Board, that he likewise 
refuses to put propositions to a vote, and refuses to sign orders 
which the Board have authorized to be drawn upon its Treasurer, 
the Board has it in its power to accomplish, and should accomplish 
all these things, regardless of his refusals. Elect a temporary 
chairman, as though the President was absent, as he virtually is, 
when he refuses to act, and let him preside and sign orders. Be- 
sides, the Treasurer, under the circumstances of this case, would 
be perfectly protected in law, by paying the amount upon a certi- 
fied resolution of the Board, requiring him to do so. 

Q. What provision is made by law for the education of colored 
children ? 

A. Our laws make no distinction founded upon color. The act 
of our General Assembly, approved 12th of March, 1858, acts of 
7th session, page 65, section 30— devolved upon the boards of 
directors the duty of providing separate schools for colored youth, 
in all cases of objection to their attending the same school with 
white youth. But this legislation was upon a subject which the 
Constitution had devolved upon the. State Board of Education, and 
it has. for that reason, since been declared, by the Supreme Court, 
to be void. 

Our Constitution, Article 9, section 12, makes it obligatory upon 
the Board of Education to ''provide for the education of all the 
youths of the State through a system of common schools." The 
school law. in force, simply carries this requirement into effect. 
Chapter 1, sections 12, 14, 15, 55, and sub-division "first," of sec- 
tion 4-1, uses the terms youth, residents, pupils, and persons, as con- 
vertible; and whatever the term, all the persons between the ages 
of five and twenty-one 5^ears, are meant. As to how or where 
colored children of a particular district shall be educated ; whether 
with or separate from the white children, are matters upon which 
the law is silent, and which come within the province, exclusively, 
of the local board. 

One aim of our school law is to free the State from pauperism ; 
and in no way can this be accomplished so effectually as by univer- 
sal education. Another aim is to distribute the benefits of schools 
equally amongst all who are taxed for their support. The State is 
indirectly but amply remunerated for every child it educates, while 
it loses by all, and is punished by half it fails to educate. 
13 



98 OPINIONS. 

Q, 5. When a teacher, who holds a certificate, is authorized by 
his contract to employ assistants, and employs persons who do not 
hold certificates, are such assistants entitled to pay out. of the Dis- 
trict Treasury ? 

A. ISTo. Section 59 of chapter 1 provides that no person shall 
be employed to teach unless he shall have a certificate of qualifi- 
cation signed by the County Superintendent ; and that any teacher 
who commences teaching without such certificate, shall forfeit all 
claim to compensation. ' Under the contract mentioned, only those 
can be employed as assistants who hold certificates. 

Q. 6. When does the first Board of Directors of an independent 
district come into power ? 

A. Just as soon as qualified pursuant to section 76 of chap- 
ter 1. 

Q. 1. Are all the members of the Board of Directors of an in- 
dependent district entitled to vote ? 

A. All the members are entitled to vote. 

Q. 8. Have the Board of Directors the power to sell real estate 
belonging to the District without authority of the electors ? 

A. Ko. The Board can neither sell nor purchase without 
authority from the electors. 

Q. 9. What are the consequences where a member of a Board 
of Directors is ousted for want of proper qualifications 1 

A. The fact that a man was ousted from his position for want 
of proper qualifications cannot afiect the validity of his oflScial acts 
while an acting member prior to the ouster. 

Q. 10. How does a failure of an oflicer to attach to his signa- 
ture his oflicial position afiect the instrument signed ? 

A. The fact that an ofiicer in signing a contract in behalf of a 
District, failed to attach his ofiicial position to his signature, can 
be of no consequence so far as the District is concerned. If in 
fact the contract was authorized by and made for the District, this 
may be shown. 

Q. 11. Would a Treasurer be justified in paying an order 
signed by the Secretary and half of the Board of Directors 'i 

A. No, The order must be signed by the President and coun- 
tersigned by the Secretary. 

Q. 12. Can a president ^/'O tern, perform all the duties devolv- 
ing upon the president? 



OPINIONS. - 99 

A. The president j?rc> tern, may sign contracts and orders and 
do all other acts proper to be done bj the president during the 
time he is acting president. 

Q. 13. How is a tie vote to be decided? 

A.' Of course no measure can be carried through by a tie vote. 
The question is simply lost. 

Q. 14. Has a sub-director a legal demand for compensation for 
such services as the law requires hi m to perform ? 

A. :No. .See Sec. 34 of chapter 1. 

Q. 15. Can a public school-house be sold on execution against 
the district ? 

A. No; They are exempt from execution. Revision of 1860, 
section 3274. 

Q. 16. A correspondent states that a school -house in a certain 
sub-district was accidentally destroyed by fire, and asks whether it 
is the duty of the district township or of the sub-director to rebuild 
it? 

A. The sub-district cannot rebuild it, for it is not a corporation 
known to the law ; it is simply a division within the district town- 
ship which alone is authorized by law to act as a body corporate 
in the premises. If it has been the custom heretofore to assess 
the cost of building school-houses against the several sub-districts 
in which the same are situated, this custom should probably be 
followed in the present instance ; but if it has been the custom 
heretofore to tax the whole district without discrimination to pro- 
vide funds for school-house purposes, no discrimination should be 
made in assessing the taxes for rebuilding in the present case. 

Q. 17. Where a sub-director whose duty it is to employ a 
teacher, is also president of the township board, is he to act, both 
as sub-director in making the contract with the teacher, and as 
president in approving it, and if not what is the proper course to 
pursue ? 

A. He should, under the instructions of the board, employ a 
teacher and submit the contract to the board for approval, or it 
should be approved by a committee appointed by the board in lieu 
of the approval of the president. 

Q. 18. Where a township board adopts a resolution fixing 
the maximum compensation of teachers at twenty dollars a month, 



100 OPINIONS. 

and the sub-director agrees to pay thirty dollars a month, is this 
agreement binding upon said board ? 

A. When an agent can legally exercise more authority than 
his principal gave, or a stream rise higher than its fountain, such 
an agreement may be binding, but it certainly is not binding now. 

Q. 19. "Where an independent district has been carved out of 
a district township, and the district township is composed of eight 
sub-districts, is it compelled to select its secretary and treasurer 
from members of the board ? 

A. It is not compelled to select these officers, or either of them, 
from members of the board. It may do so or not, at its pleasure. 

Q. 20. Can a person residing in the independent district be 
elected secretary or treasurer of the district township? 

A. He cannot. A residence within the independent district 
would be a residence out of the district township, as certainly as 
though such residence were in another civil township, or in another 
county. 

Q. 21. When a sub-district was in debt for the building of a 
school-house prior to the taking effect of the act of March 12th, 
1858, and since the taking effect of said act, a judgment has been 
obtained against the district township for said debt, are the other 
sub-districts in said township liable to be taxed to pay said judg- 
ment ? 

A. Chapter 2 was designed to govern cases like the one here 
presented, and is the only law upon the subject. According to 
this law, it is in the power of the district board, after a tax to pay 
the judgment has been voted, by the electors of the township, at 
the March meeting — a vote which the electors have the exclusive 
right to take, and a right which they cannot delegate — to levy the 
whole tax upon the debtor sub-district. The board in this regard, 
the law says, shall discriminate " according to the very right in 
each particular case." Should the board fail so to discriminate, 
any party aggrieved has the right to appeal. 

Q. 22. Can new district townships be organized from parts of 
two or more civil townships ? 

A. Xo. The law provides that each civil township shall be a 
school district. Sec. 1, cliapter 1.. Provided, however, 1st, that 
districts existing prior to 1858, which extended into different town- 
ships may remain attached as sub-districts to the district township 



OPINIONS. 101 

in which the school-house was situated. Section 78. 2d, that in- 
dependent districts may be formed in certain cases. Section 84, et 
seq. Such a new organization as is suggested would be an inde- 
pendent district ; and an independent district may be organized 
only where there is a city or town, in accordance with the provis- 
ions of the sections last cited. 

Q. 23. Can a tax be levied for the support of schools in dis- 
trict townships for more than twenty-four weeks in each year ? 

A. I have no doubt such a tax is legal. The inference to the 
contrary to be drawn from the phraseology of section 31, chapter 
1, is very weak ; and such an inference is altogether inconsistent 
with the provisions of sections 12 and 21. As regards the length 
of time during which schools are to be taught, twenty-four weeks 
is the minimum Remanded by law; the maximum is expressly un- 
limited. It is, in the discretion of the boards, to provide schools 
the year round, and to assess taxes for their support, though a tax 
for school-house purposes can only be assessed pursuant to prior 
vote of the township or sub-district meetings. 

Q. 24. Can a district township borrow money from the school 
fund ? 

A. I am aware of no law prohibiting it from so doing. When 
a district township makes application and furnishes the required 
securities, I know of no law requiring the county Clerk to reject 
the application. It is a question of security and of expediency. 

Q. 25. Has the board of directors of a district township the 
power to make contract with teachers who are not to commence 
teaching until after the new board is organized ? 

A. The law is silent on this point, but as the new board is 
not organized until the 3d Monday in March in each year, instan- 
ces may occur when it will be for the interest of the schools to con- 
tract with teachers before that time, especially so, when a teacher 
has given satisfaction and it is not desirable to make any change. 
Ordinarily, however, the new board should have control of the 
whole matter ; and courtesy as well as justice should dictate to their 
predecessors the impropriety of making any contracts, the execu- 
tion of which will embarrass their successors. (See opinion of the 
Attorney General, School Journal, Feb., 1866.) 

Q. 26. When a site for a school house has been selected but no 
title obtained, is the Board of Directors obliged to build the house 



102 OPINIONS. 

on said site, or may they apply the money collected on said levy 
to building a house on a difierent site ? 

A. My opinion is that the Eoard may select a new site and 
apply the money raised for building the school house. Of course 
they should consult the convenience and wishes of the people di- 
rectly interested. 

Q. 27. Under the law authoj-izing German to be taught, can 
Latin and Greek be introduced into the Common Schools ? 

A. xl fair construction of the law will give authority for teach- 
ing Latin and Greek; and it is ray opinion that those languages 
may be taught where a majority of the electors desire it. 

Q. 2S. When a Teachers' Institute is in session and teachers 
have been requested to attend, but instead of doing so have open- 
ed and continued their schools, will the County Superintendent be 
justified in revoking their certificates? 

A. He will, and it is his duty to revoke them unless satisfac- 
tory reasons can be given for non-attendance. The State appro- 
priates money for instructing teachers. The teacher who will not 
avail himself of such instruction and thereby better fit himself for 
teaching, deprives the people of his district of the benefits de- 
signed for them by the appropriation. 

Q. 29. Is the Secretary of the District Board justified in refus- 
ing to sign an order for money, when he knows there is no law for 
appropriating the money for the uses specified in the order? 

A. The refusal to sign the order would not stop proceedings ; 
for the Board could appoint a Secretary ])ro iem.^ and thus accom- 
plish their purpose. If the order appropriates money for compen- 
sating directors as is implied, the District Treasurer should refuse 
to pay over the money. Any Board of Directors voting itself pay 
from any of the School Funds and receiving it, can be charged 
with " «^/sa/:>^J>ZJ/m^ mwiez/, " and is "liable to the provisions of 
the general statute for the punishment of such ofi'ences." 

Q. 30, First, would I, as County Superintendent, be sustained 
by law in revoking the certificates of teachers who are in 
the habit of wearing Butternut and Copperhead badges ; halloo- 
ing for Jeff. Davis, and giving similar manifestations of sympathy 
for the southern confederacy ? Second, Also in revoking the cer- 
tificates of others who possess like sentiments ? Third, In case 
the certificates of such teachers are revoked on account of 



OPINIONS. 103 

disloyalty, can the board of directors continue to employ them and 
pay them from the public school fund ? 

A. Section 69 of chapter 1, says : " The superintendent may 
revoke the certificate of any teacher in the county, which was 
given by the superintendent thereof for any reasons which would 
have justified the withholding thereof when the same was given." 
Section 59 says : " ITo person shall be employed to teach a 
common school which is to receive its distributive share of the 
school fund, unless he shall have a certificate," &c. First and 
Second, Where you are cognizant of /acfe that fix upon teachers 
the odium of sympathy with the rebellion or its leaders, you will 
be justified in revoking their certificates. 

Third, Teachers employed without the proper certificate, can 
receive no portion of the school fund. 

And here having answered the inquiries we might leave the 
matter, but as the action of the superintendent may give rise to 
controversy, and as the charge may be brought that teachers are 
persecuted for their opinions, we wish to state in advance of any 
such controversy that superintendents are not to inquire to what 
party in politics or religion "teachers are attached, provided they 
are thoroughly loyal and moral. But if evidence of disloyalty 
and immorality is brought to the notice of the superintendent, 
after the certificate is issued, and the teacher has commenced his 
school, no one can reasonably complain if certificate is revoked. 
Indeed there would be just cause of complaint if such teachers 
were retained ; for the superintendent is the guardian of the 
schools, and from his ofiice go forth those who will scatter blessings 
or curses in every community of his county. 

If congregations are justified in dismissing disloyal pastors, and 
the government is justified in dismissing its disloyal employees, 
surely superintendents will be justified in revoking the certificates 
of those who teach that rebels in arms against the government are 
entitled .to our sympathy. 

At a time when we are contending for our national existence and 
are annually expending hundreds of millions of dollars and giving 
tens of thousands of precious lives to save our free institutions, it 
is gi'oss outrage against the intelligence and patriotism of the com- 
munity, for the teacher by word or deed to instil into the minds of 
the rising generation, secession sentiments. 



104 OPINIONS. 

We can never hope for a firm government or a lasting peace if 
sucli sentiments are to any considerable extent cherished among 
us. The school should be the nursery of patriotism — the home of 
law, of order, and of good government. Reverence for the Con 
stitution and respect for the government should be impressed upon 
the mind of the pupil, through every stage of his education. In 
fine, the youth should be so instructed that no future rebellion can 
be possible ; that no ambitious demagogue can hereafter gather 
blind adherents enough to break down anywhere the barriers that 
intelligence and virtue ever erect for the defense of freedom. 

Q..31, Are County Superintendents entitled to pay for attend- 
ance at Teachers' Institutes ? 

A. We think they are. The law provides for holding such In- 
stitutes, and makes it the duty of the Superintendent to attend to 
the preliminary arrangements. It is the duty of all who desire a 
teacher's certificate to be present ; and the practice in many coun- 
ties is to examine applicants at the close of the Institute. The 
Superintendent is expected to attend and render such aid in con- 
ducting the Institute as he may be able to give. "When he is des- 
ignated as the one to conduct the Institute or to lecture, of course 
he will be paid out of the appropriation from the State ; but when 
he attends to examine teachers, and to aid generally, he should be 
paid by the Supervisors of the county. 

Q. 32. Should the pay for the board of a teacher come from 
the Contingent fund, or the Teachers' fund ? 

A. The usual practice in contracting with teachers is to pay 
them so much per month and they board themselves, and at the 
end of the term an order is drawn on the Teachers' fund for the 
whole amount due. Of course the pay comes out of the Teachers' 
fund, except in case where the teacher boards with his pupils ; 
this is a matter of convenience and economj^ to be determined by 
the contracting parties. 

Q. 33. When teachers without certificates are employed by 
school ofiicers and paid from the Teachers' fund, have County Su- 
perintendents any control in the matter? 

A, It is easier to prevent than to cure evils of this kind. When 
superintendents know that teachers are employed without certifi- 
cates, they should advise some tax payer of the district to apply 



OPINIONS. 105 

for a writ of injunction, enjoining tli-e district treasurer from pay- 
ing out any money to such teachers. 

Any board of directors employing and paying such teachers 
from the public funds^ can be justly charged with mim^jplying 
money^ and is liable to the provisions of the general statute for 
the punishment of such oifenses. 

Q. 34. "When the treasurer of a school district fails to make a 
settlement at the expiration of his term of ojSice, whose duty is it 
to require him to settle ? 

A. The president of the board of directors. 

Q. 35. Is a teacher obliged to make up the time on his contract, 
when be dismisses school on holidays ? 

A. If, when the contract is made, the contracting parties know 
it to be the custom to dismiss school during holidays, the teacher, 
we think, would be sustained in conforming to the custom ; if it 
has not been the custom, and the patrons of the school wish it con- 
tinued during said days, the teacher should comply with their 
wish, and the strict terms of his contract. In other words, the 
teacher should not dismiss his school to please himself, but to gratify 
his Datrons. 

My opinion is, that in most communities it is better for all parties 
to have no school on " public days." Pupils will learn nothing 
from books when other matters occupy their attention ; and on such 
days they do not usually escape the excitement of Santa Glaus'' 
arrival, or of a ISTew Tear's present. 

Q. 36. An alien was elected sub-director, the electors suppos- 
ing they were, voting for a citizen ; subsequently he was admitted 
to citizenship. ■ Are his acts legal, and can he continue to hold his 
office ? 

A. Having been elected in good faith, and having so acted, he 
was sub-director de facto^ and his contracts are binding ; but his 
subsequent admission to citizenship will not remove his inelligi- 
bility to office at the time he was elected. The board therefore, 
may declare the office vacant, and fill it by appointment. 

Q. 3Y. At the annual meeting for the election of sub-direc- 
tors, [where three were to be chosen,] one candidate received 
a majority of the votes cast, and was declared elected. Four oth- 
ers received each an equal number of votes, and determined by lot 
14 



106 OPINIONS. 

which two should serve. Is this method of determining the result 
of an election legal ? 

A. No. The candidate receiving a majority of the votes was 
legally elected. The other two were not ; and two of the old Di- 
rectors should qualify anew, and with the newly elected Director, 
organize the Board on the third Monday in March. 

Q. 38. Can public money — School funds — be appropriated to 
pay for the board of pupils living more than two miles from the 
school house, when the amount so appropriated does not exceed 
the expense of sustaining a separate school ? 

A. In my opinion, school funds cannot be used to pay for the 
board of pupils living two miles, or any number of miles, from 
the school house. 

It would doubtless be an accommodation to those living in 
sparsely settled districts; but the precedent once established, would 
be liable to great abase, to say nothing of the right or justice of 
the case. 

Q. 39. Is a man eligible to the office of sub-director who was 
not a resident of the county for sixty days, immediately preceding 
the election ? 

A. No one can hold the office of sub-director who is not a legal 
voter. But having been admitted to a seat in the Board, he was 
sub-director de facto during the time he acted with the Board ; and 
the acts of the Board will not be illegal by his action. The Board 
should, however, declare a vacancy in the sub-district thus repre- 
sented, and fill it by appointment. 

Q. 40. Can a minor and non-resident act as chairman of an 
annual sub-district meeting ? 

A. No, and the board of directors should refuse to recognize 
a sub-director elected at such meeting. 

Q. 41. In forming an independent district, must the two 
hundred inhabitants required by law, be included in the territory 
contiguous to the town ? 

A. The city, town or sub-district proposing to form an indepen- 
dent district must contain two hundred inhabitants within its 
surveyed limits, in addition to those embraced within the territory 
contiguous. (See Section 84.) 

Q. 42. When the electors of a sub-district decide to build a 



OPINIONS. 107 

scliool-house and the board of directors refuse to levy a tax, what 
is the proper course to pursue ? 

A. A writ of mandamus will oblige the board to act or show 
cause for not acting. 

Q. 43. Has the board of directors authority to select a site for 
a school-house, and enforce a title for the same? 

A. The board may select a site, but has no power to enforce a 
title. 

Q. M. The board of directors having fixed the site for a school 
house, and an appeal having been taken, can the county superin- 
tendent select a new site, or has he power simply to affirm or 
reverse the action of the board ? 

A. The county superintendent can reverse the action of the 
board, and may fix a new site if he thinks proper. (See opinion 
of Att'y General, April No., 1866, School Journal.) 

Q. 45. Should the teachers' fund be divided equally among the 
sub-districts ? 

A. INTo. The wants of the sub-districts are not equal. One 
may have fifty pupils, and require a teacher at $40 per month ; 
while another may have twenty pupils, that will require a teacher 
at only $30 per month. The design of the law is to give equal 
privileges to all the children, and the board of directors should 
know the condition and wants of each school in, the district town- 
ship, and apportion the money accordingly. 

Q. 46. Is each sub-district entitled to an equal amount of school 
time? 

A. X^s. The money should be so apportioned that all the 
schools in the district township can be continued six months, or 
eight months, or seven months, as the case may be. 

Q. 47. It the sub-directors fail to make the annual reports re- 
quired of them, is it the duty of the district secretary to collect 
the statistics and make his report to the county superintendent ? 

A. Yes. The district secretary should make a complete report 
for his district township, even though no sub-director reports to 
him. The board of directors should pay the secretary a suitable 
compensation for his labor. 

Q. 48. Can the judges of election (see section 9, page 5, school 
laws,) administer an oath to an elector whose right to vote is ques- 
tioned ? 



203 OPINIONS. 

A. The law makes the chairman and secretary of the sub-dis- 
trict meeting judges of the election, and, in the absence of any ex- 
press directions, a fair construction of the law will authorize these 
judges to exercise all the authority necessary to enable the electors 
to express their will by voting. Hence they must preserve order, 
administer oaths, (if necessary,) grant certificates to those elected 
and do w^hatever is necessary to secure a fair election. 

Q. 49. Does section 13, page 5, school laws, apply to indepen 
dent districts ? 

A. It does. Independent districts must pay for and receive 
tuition the same as district townships. 

Q. 50. Can a county superintendent appoint a deputy ? 

A. The law makes no provision for a deputy county superin- 
tendent. In case of temporary absence from the county, or of 
sickness, the superintendent may authorize another person to dis- 
charge specific duties, such as examining teachers, or making re- 
ports ; but he cannot delegate authority to try appeals or visit 
schools. 

Q. 51. Does a contract with a teacher require a revenue stamp ? 

A. By the latest published decision of the Commissioner of In- 
ternal Revenue they are exempt. 

In general, papers issued by school officers, require no stamps 
where the pay for them will come out of the school fund. 

Q. 52. Have persons over 21 years of age a right to attend the 
public schools ? 

A. From the fact that the interest of the permanant school 
fund is apportioned among the district townships in proportion to 
the number of youths between the ages of 5 and 21, it may be 
safely inferred that those under 5 and over 21 are not entitled to 
the privileges of the public schools. It is my opinion, however, 
that boards of directors have control of this matter to this extent ; 
that where schools are not crowded, they may admit persons over 
21, on such terms as may be fixed by the directors. See also sec- 
tion 12, chapter 1, as amended April 3d, 1866, giving the right of 
attending schools to persons who were in the military service of 
the United States during their minority. 

Q. 53. Is a person qualified to teach in our public schools who 
can neither write nor speak the English language? 

A. Ko. The authority for issuing certificates to such persons is 



OPINIONS. 109 

claimed from chapter 3, of onr school laws, whicli allows the Ger- 
man or other language to be taught as a branch in our district 
schools. It is not the intention of the law that either German, 
Danish, or any other foreign language shall be taught in our pub- 
lic schools to the exclusion of the English. The teacher must be 
qualified to teach in English the branches specified in the law ; 
but if in addition the teacher is competent to instruct in Danish, 
German or Latin, and the electors wish either or all of those lan- 
guages taught, the J may be taught as separate branches ; but the ex- 
planations necessary in teaching them must be given in English. 
However pleasant it may be for ITorwegians or Germans to hear 
their native language spoken in this their adopted country, they 
should by all means direct their children to learn English first. 
Every consideration of convenience and advantage should prompt 
them to this course. Their love for their adopted country, its laws 
— customs — literature and history should make them seek an ac- 
quaintance with its language so soon as they have gained a footing 
on its soil. Moreover, there are few, if any, districts in which are 
not found American children ; it is their privilege to be taught the 
English language in the public school, and if the teacher is not 
competent to instruct them, they suffer great injustice. Equity, 
then, as well as common interest, demands that all teachers in our 
public schools should be familiar with the language in which our 
State and National laws are printed, and in which our public 
records are preserved. A common language in our public schools 
also tends to strengthen our national ties, so that the children of 
New England, emigrating to the Pacific States, will at once feel at 
home in the school room, and by its thousand interesting associa- 
tions, cherish an intenser love for the good old flag that gives them 
equal protection, whether at the centre or the circumference of the 
Union. 

Q. 54. If a teacher's certificate expires before the close of the 
school term, will it be competent for the teacher to continue 
through the term without having the certificate renewed? 

A. E"o ; the teacher should not be in school a single day, 
though it were the last day of the term, without a proper certifi- 
cate. Although such a rule may in some instances subject the 
teachers to inconvenience, a moment's reflection will show them 
that any other rule would be unsafe. 



XiO OPINIONS. 

Q. 55. Is a teacher authorized to employ pupils to assist in 
teaching ? 

A. The teacher has no legal authority, and should not employ 
pupils when there are objections. 

Q. 56. Can the duties of sub-director be discharged in one sub- 
district by a person living in another snb-district ? 

A. As a general rule they cannot. The person must always 
reside in the same District Township ; but if a sub-district has no 
suitable person, or if suitabte he refuses to act, the Board may ap- 
point one of their own number to act for that sub-district, or may 
appoint a new man from an adjoining sub-district. 

Q. 57. Is it a compliance with the law, for the teacher to attend 
the Institute one or two days only ? 

A. JN^o. The teacher should be in attendance six days, unless 
excused by the County Superintendent. 

Q. 58. Can a teacher inflict corporal punishment upon his pu- 
pils when all other means fail, or must he expel them from 
school 1 

A. The question as to the authority of the teacher to inflict 
corporal punishment upon his pupils, has not, we believe, been de- 
termined in the Supreme Court of this State. Authorities, how- 
ever, are cited (see appeal from Howard Co., in May, 1865, num- 
ber of the Journal) sustaining the teacher in inflicting reasonable 
punishment. 

As a general rule there is little necessity for corporal punish- 
ment. Circumstances must determine whether it is better to 
punish or expel. The teacher occupies the same relation to the 
school as the parent to the family, and the law sustains each in 
using reasonable punishment to maintain order. The scholar 
should not be expelled so long as there is hope of reformation. If 
he cannot be reformed in school, it is doubtful whether he can be 
reformed anywhere ; hence expulsion should be the last resort. 



TEXT-BOOKS. 



Office of Supbrihttendent of Public Instkuctiok, 
Des Moines, Iowa, May 1, 1866. 

To County Supei'mtendents. 

The text books recommended two years agO have so far as we can 
learn, given general satisfaction. In a few instances, teachers and 
school officers, and in many instances interested parties have 
suggested a change. But while many of the new books claiming 
public favor have much in them to commend, we do not find 
them superior to those now in use. For the purpose, therefore, 
of securing uniformity and of avoiding unnecessary expense, I 
recommend the following revised list. 

OEAI^ FAYILLE, 
Superintendent Public Instruction. 

TEXT BOOKS. 

Sjpellers — McGufiey's and De Wolfs. 
Headers — McGuffey's new series. 
Writing — Spencerian system. 
Arithmetic — Ray's series. 
Algebra — Ray's. 

Grammar — Pinneo's series — For high schools Bullion's English, 
Latin and Greek. 

Composition — Pinneo's Guide. 

Geography — Monteith and MclSTally's latest editions. 

Outline Maps — Mitchell's, with Camp's Geography. 

Ifusic — Bradbury's School. 

History — Berard's — for advanced classes, "Wilson's. 

Dictionary — Webster's. 

Booh-Keeping — Bryant & Stratton's. 

Natural Philosophy — Peck's Ganot. 



I ) 2 TEXT-BOOKS. 

Chemistry — "Well's. 
Botany — Graj's. 
Geometry — (Elementary) Evan's. 
Geometry — Kobinson's. 
Trigonometry — Kobinson's. 
Surveying — Robinson's. 
Physiology — Hitclicock's. 
Astronomy — Brocklesbj's. 
3feteorology — Brocklesby's. 
Geology — Hitchcock's. 
German — Woodbury's. 
French — Fasquelle's. 



INDEX. 



SEC. PAGE. 

APPEALS— 

Act relating to .... 2T 

Instructions relating to 55 

Forms relating to 91 

AUDITOE— To apportion School Fund interest 93 21 

BIBLE — Not to be excluded from the schools 27 

BOARD OF EDUCATION— Abolished 1 29 

BOAED OF DIRECTORS- 

How constituted when there is but one sub-dis- 
trict 10 3 

Admit pupils not belonging to the district. .... 13 3 

Ascertain per centum for school house tax 17 4 

To elect a President, Secretary and Treasurer. , . 18 5 

Regular meeting of, when held 19 5 

Consult Co. Sup't before erecting school-house. . . 20 5 

To make contracts and purchases 20 5 

Determine the number of schools 21 5 

Fix site for school-house 21 5 

Establish graded, or union schools 22 6 

May fill vacancy in Board and office of Secretary 23 6 

Require Secretary and Treasurer to give bond. . . 24 6 

Bond to be filed with President 24 6 

To examine accounts and make settlement with 

Treasurer 25 6 

To audit and allow claims against the district. . . 26 6 

Fix compensation of Secretary and Treasurer. . . 26 6 

To visit schools in the district .27 6 

May expel teachers from school 27 6 

Shall divide district into sub-districts 29 7 

Make plat and record thereof. 29 7 

May change boundaries of sub-districts 29 7 

Record to be made in ofilce of Co. Treasurer. ... 29 7 

Shall apportion tax for school-house purposes ... 30 8 
Estimate per cent, for contingent and teachers' 

funds ... 31 8 

Make regulations to restrict sub-directors 32 9 

Settlement of old debts 33 9 

Members of Board to receive no pay 34 9 

15 



[|4 INDEX.' 

BOARD OF DmECTORS— Continued. 

Majority of Board to be a quorum 34 9 

Vote of majority necessary to vote tax or change 

boundaries of sub-districts .... 34 5) 

May employ counsel in suits 36 10 

Responsible for contracts of sub-directors 48 12 

In township districts, not to have jurisdiction in 

city districts 83 19 

Provide for payment of judgments 79 18 

Who to act as judges of election in city districts. 90 21 
BOARD OF SUPERVISORS— 

To levy tax for support of schools 53 13 

To levy tax for support of schools 54 13 

Fill vacancy in office of County Superintendent.. 63 15 
CLERK OF BOARD OF SUPERVISORS^ 

To apportion school tax and interest among school 

districts 55 13 

Shall notify district presidents of amount due dis- 
tricts, and issue warrant for same 56 13 

Shall forward certificate of election and qualifica- 
tion of Count}' Superintendent to Superintend- 
ent of Public Instruction .... 57 14 

Shall report amount of school fund to Auditor. . 57 14 
COUNTY SUPERINTENDENT— 

Annual report to Clerk of Board of Supervisors. 70 16 

Election and term of service 62 15 

Compensation 73 17 

Time of taking oath of office 63 15 

Failure to qualify to create a vacancy 63 15 

Board of Supervisors to fill vacancy 63 15 

Person appointed to qualify 63 15 

To examine teachers 64 15 

May employ assistants 64 15 

To give certificate on satisfactory examination.. . 65 15 
To register names of persons receiving certifi- 
cates and those rejected QQ 16 

Fee of applicant if examined at other time 67 16 

Shall issue certificates to persons recommended 

by his deputy 68 16 

May revoke teachers' certificates 69 16 

Annual report to Supt. of Public Instruction, ... 70 16 
To file abstract of number of children with Clerk 

of Board of Supervisors 70 16 

Forfeiture in case of failure to make either report 71 16 
Shall conform to instructions of Superintendent 

of Public Instruction 72 16 

Organ of communication between Superintendent 

of Public Instruction and school authorities. . . 72 16 



INDEX. 115 

COUJN^TY SUPERmTENDENT— Continued. 

Shall notify secretary of district of appeal taken . 4 28 

Shall visit schools 73 17 

Sworn statement of account filed with Clerk of 

Board of Supervisors 7S IT 

COUNTY TREASURER ■ 58 14 

DISTRICT TREASURER— 

To hold and pay out money 43 11 

Shall keep an account of each fund 44 11 

Shall register orders 46 12 

To render statement of finances 47 12 

DISTRICT TOWNSHIPS— Liable for debts of old 

Districts 22 

EXPLANATORY NOTES— To sections 38 

FINES AND PENALTIES— 

Of District Secretary for failure to report 42 11 

Of County Superintendent for failure to report. . 71 16 
Of any school officer for failure to deliver books 

and papers to his successor 82 19 

To whom they shall enure 77 17 

Suit to be brought for collection of 77 17 

FORMS .' GQ 

GERMAN — And other Languages to be taught. . . 24 

INDEPENDENT DISTRICTS ^ 84 19 

How formed 85, 86 19, 20 

' Composed of different townships 88 20 

Have same general powers as district townships. 89 20 

May vote school-house tax of 10 mills 89 20 

Corporate name changed 37 

IOWA INSTRUCTOR AND SCHOOL JOURNAL— 

Boards of Directors may subscribe for 25 

Sup't of Public Instruction may subscribe for. . . 7 30 

MILITARY DEPARTM'T IN STATE UNIVERSITY. 36 

OFFICERS— 

To continue in office until successors elected, &c. 75 17 

Shall take oath 76 17 

Shall deliver books, yjapers, money, &c., to suc- 
cessors 82 19 

OPINIONS— On School Law 16 

PRESIDENT OF THE DISTRICT— 

To preside at all meetings of the Board and 

District 35 & 

To appear for District in suits 86 9' 

SCHOOL DISTRICTS— 

Composed of civil township 1 1 

How organized in new townships 2^ 1 

Proceedure when left without officers, ......... 3. 1 



1 1 g INDEX. 

SCHOOL DISTRICTS— Continued. 

When divided into two or more townships, exist- 
ing board to act for both 4 1 

Made a body corporate 5 2 

Annual meeting of, when held 6 2 

Meeting of electors, how organized 7 2 

May vote a tax not exceeding 5 mills 7 2 

May direct the sale of property of the district. . 7 2 

May provide for the payment of debts 7 2 

May delegate powers to the District Board 7 2 

School moneys apportioned among 55 13 

Composed of two or more townships 78 17 

Money borrowed of school fund, how paid 80 18 

Hours for holding and adjourning district meeting 81 19 

Judgment against, how provided for 2 23 

Library provided for 1 26 

SCHOOL MONTH 74 17 

SECRETARY OF BOARD OF EDUCATION— 

Office abolished 13 31 

SECRETARY OF THE DISTRICT— 

To certify to Board of Supervisors, per centum of 

tax assessed upon eacli sub-district 17 i 

Vacancy in office, how filled 22 6 

To ffive bond 24 6 

Compensation 26 6 

To appear in suits against District President .... 36 9 

Record proceedings of Board and District 37 10 

Preserve copy of report to County Sup't 37 10 

File official papers transmitted to him 37 10 

Countersign drafts, warrants, &c 37 10 

Give ten days' notice of all meetings 38 10 

Notice to state the hour of meeting 38 10 

Keep account of expenses of the District 39 10 

To certify per centum of tax to Board of Super- 
visors 40 10 

Report to County Superintendent 41 10 

Penalty for failure to report 42 11 

Keep separate accounts with respective funds.. . . 56 13 

STATE BOARD OF EXAMINERS— 

Created 25 

Annual meeting of 25 

Record proceedings and procure a seal 25 

Issue certificate to teachers 25 

STATE UNIVERSITY— 

Object of 1 32 

Normal Department 2 32 

Board of Trustees 3 32 

Vacancy in Board, how filled 4 33 



INDEX. 117 

STATE UNIVERSITY— Continued. 

Term of Office of Trustee ^ 33 

Compensation of Trustee o 33 

ISTot to be controlled by any religious denomina- 
tion 6 33 

Geological specimens 7 33 

Office of Curator abolished 8 33 

Duties of Treasurer 9 33 

Duties of Treasurer 16 35 

Instruction 10 33 

Powers of Board of Trustees 11 34: 

Duties of Secretary 12 34- 

Trustees to exjDend the income 13 35 

First meeting of Board of Trustees 14 35 

Special meeting of Board of Trustees. 15 35 

Vacancies in Board of Trustees 15 35 

Sale of lands . 17 35 

Investment of funds IT 35 

Report of Board ot Trustees 18 35 

Military Department 1 36 

SUB-DISTRICTS— 

ISTow organized, continued ... 1 1 

Annual meeting of, when held 8 2 

Five days' notice of same to be given 8 2 

Organize by appointing chairman and Secretary 9 3 

Judges of election 9 3 

When but one in township, to elecc three direc- 
tors 10 3 

Schools to be taught in, 24 w^eeks in each year. . 12 3 
Persons who were in army during minority may 

attend school 12 3 

Scholars in one may attend school in another,. . . 15 4 
Electors to determine whether they desire a tax 

levied 16 4 

Boundaries to conform to Oovernment surveys. . 29 7 

Boundaries, how changed 29 7 

Composed of parts of two or more townships. ... 78 17 

SUB-DIRECTORS— 

When elected 8 2 

To give five days' notice of sub-district meeting, . 8 2 

Shall qualify within ten days 11 3 

Certify tax desired by sub-district to district town- 
ship meeting 16 4 

Member of Board of Directors 18 5 

Shall visit schools 27 6 

Make contracts and employ teachers 48 12 

Report contracts to District Board 48 12 

Record list of heads of families 49 12 



X18 INDEX. 

SUB-DIKECTOES— Continued. 

Report of District Secretary 50 12 

May dismiss pupils from school 51 12 

Siwn contracts with teachers . 52 13 

SUPERINTENDENT OF PUBLIC INSTRUCTION— 

Term of office 2 29 

Bond and official oath 3 29 

To have supervision of schools 5 29 

To recommend text books 6 30 

Publish and distribute school laws and blanks. . . 8 30 

Report enumeration of children to Auditor 9 30 

Report to General Assembly 10 30 

Appoint Teachers' Institutes 11 31 

Salary 12 31 

TEACHERS— 

To sign contract with Sub-Director 52 13 

Not to be employed without certilicate 59 14 

Teaching without certilicate, to forfeit compensa- 
tion 59 1-i 

Shall keep a correct register of the school GO 1-1 

When scholars reside in different Districts, 

register to be^kept for each District 60 14 

File certified copy of register with District Secre- 
tary .^ 61 15 

On satisfactory examination to receive certificate. 65 15 

No certificate valid more than one year 67 16 

TEACHERS' INSTITUTE— 

Provisions for * • 11 31 

Act to encourage 24 

TEXT BOOKS Ill 



